https://www.thehindu.com/opinion/op-ed/the-madras-high-court-must-break-its-silence/article70385470.ece [12/12, 07:57] Sekarreporter: The Madras High Court must break its silence

[12/12, 07:57] Sekarreporter: https://www.thehindu.com/opinion/op-ed/the-madras-high-court-must-break-its-silence/article70385470.ece
[12/12, 07:57] Sekarreporter: The Madras High Court must break its silence
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The High Court must clarify whether the method of the Collegium’s recommendations in the case of recent judicial appointments was in accordance with the Constitution and the Memorandum of Procedure
Updated - December 12, 2025 12:45 am IST

G.M. Akbarali
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‘The essence of a constitutional democracy lies not merely in its written text but also in the integrity of its institutions’ File
‘The essence of a constitutional democracy lies not merely in its written text but also in the integrity of its institutions’ File | Photo Credit: The Hindu

All appointments of judges to the High Court must be recommended by the Collegium, which comprises the Chief Justice of the High Court and the two senior-most judges. This recommendation is then sent to the State government. In turn, the State government can raise objections and seek clarifications. If the Collegium reiterates its choice or makes clarifications, the government is bound by the decision.

On November 9, 2025, the Madras High Court Collegium recommended the names of six district judges for elevation to the High Court. The State government did not express any objections against the merit or suitability of the candidates, but instead, sought clarification on a fundamental procedural concern, i.e., the constitution of the Collegium itself.

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