Context
- The Supreme Court Collegium modified its earlier transfer recommendation after the Central Government sought reconsideration.
- This development has revived the debate on judicial independence and the separation of powers between the executive and judiciary.
Key Highlights
- The Collegium changed the transfer recommendation of Justice Atul Sreedharan.
- The original proposal dated 25 August 2025 recommended his transfer from Madhya Pradesh High Court to Chhattisgarh High Court.
- The revised decision now transfers him to Allahabad High Court.
- Justice Atul Sreedharan was appointed in 2016 to the Madhya Pradesh High Court.
Detailed Insights
- It is unusual for the Collegium to change a recommendation based on a government request.
- The Collegium publicly admitted that the change occurred after reconsideration was sought by the Centre.
- Transfer to Chhattisgarh High Court would have made him second in seniority with a chance to become Chief Justice.
- Transfer to Allahabad High Court reduces his seniority rank to seventh, affecting promotion prospects.
- Justice Sreedharan earlier sought voluntary transfer in 2023 to Jammu and Kashmir and Ladakh High Court.
- He returned to Madhya Pradesh High Court in 2025.
- In Srinagar, he quashed multiple preventive detention orders under the Public Safety Act.
- In MP High Court, he took suo motu action against a minister for remarks against the Indian Army.
Constitutional and Judicial Context
- Article 222 deals with transfer of High Court judges.
- Second Judges Case 1993 and Third Judges Case 1998 established the Collegium System.
- Memorandum of Procedure MoP permits the government to seek one reconsideration, but Collegium decision is final.
- This incident raises concerns about executive influence over judiciary.
Concerns Raised
- Possible executive interference in judicial decisions.
- Threat to judicial independence, part of the basic structure doctrine.
- Opacity in Collegium functioning continues.
- Transfers could be used to discipline or pressure judges.
Arguments in Defence of the Collegium
- Government consultation ensures checks and balances and cooperative federalism.
- Input from Centre may flag integrity or security concerns.
- Publishing decisions and resolutions increases transparency.