TN Government Returns Madras High Court Collegium Recommendations — First in Indian Judiciary In an unprecedented move in Indian judicial history, the Government of Tamil Nadu has returned the Madras High Court Collegium’s recommendations for the elevation of six District Judges to the High Court.

TN Government Returns Madras High Court Collegium Recommendations — First in Indian Judiciary

In an unprecedented move in Indian judicial history, the Government of Tamil Nadu has returned the Madras High Court Collegium’s recommendations for the elevation of six District Judges to the High Court.

As per the Supreme Court’s procedure, the High Court Collegium — comprising the Chief Justice and two senior-most Judges (J1 & J2) — proposes names for appointment. The State Government may provide comments based on intelligence inputs before forwarding the proposals to the Union Law Ministry through the Governor.

On 2.11.2025, the Madras High Court Collegium recommended six District Judges, including Registrar General Ms. Alli. While the Tamil Nadu Government has expressed no adverse remarks and has acknowledged that the six are deserving candidates, it has returned the file seeking specific clarification regarding an irregularity in the Collegium’s composition.

Justice Nisha Banu, though transferred to Kerala High Court, has not yet joined there and continues to function under the administrative strength of the Madras High Court. Despite this, she was excluded from the Collegium deliberations. Instead, Justice M.S. Ramesh — who is set to retire shortly — participated in the selection process.

The Chief Minister has sought clarification from the Chief Justice on:

1. The authority under which Justice Nisha Banu was excluded,

2. Inclusion of Justice M.S. Ramesh in her place, and

3. Whether any Supreme Court order or precedent permits such deviation.

This action highlights mounting concerns over Union interference in judicial appointments. Neutral jurists and senior advocates have raised issues that several candidates from the Bar with strong political affiliations to BJP, RSS, and AIADMK have been favoured, while other eminent advocates have been sidelined. They stress that political background cannot be a selective disqualification, citing former legendary judges like Justice V.R. Krishna Iyer and Justice Rathnavel Pandian.

Tamil Nadu — which earlier led by example in asserting State autonomy such as taking action against Enforcement Directorate corruption — has once again defended institutional independence.

The ball is now with the Madras High Court Collegium to respond with the required clarifications.