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  2. Polity and Governance

Judicial Concerns in Rajasthan High Court

Published on: 27-Aug-2026

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Judicial Concerns in Rajasthan High Court

Article Summary

Supreme Court Internal Correspondence - Key Points

  • Chief Justice of India (CJI): Surya Kant; Responded to letters from Justice Sandeep Mehta regarding Rajasthan High Court issues.

  • Judicial Concerns Raised:

    • Justice Mehta's letters highlight allegations of “favouritism” and “maladministration” within the Rajasthan High Court led by Acting Chief Justice (ACJ) Sanjeev Prakash Sharma.
    • Justice Mehta claims ACJ has displayed a lack of leadership and conduct unbecoming of a High Court leader.
  • Judicial Administration:

    • Allegations of cases being withdrawn and moved to the ACJ's bench without justification.
    • Claims that judges were threatened with retributive actions including transfers by the ACJ.
  • CJI’s Position:

    • Emphasized that allegations must be handled through established institutional mechanisms and cannot be decided publicly.
    • Stated that administrative actions concerning the ACJ will be taken by the competent authority after review.
  • Concerns Over Leadership:

    • Communication from Justice Mehta mentions the need for a regular Chief Justice in the Rajasthan High Court, noting repeated requests since early 2026 have not yielded results.
    • Indicated continuing issues such as “rampant nepotism and favouritism” and criticized the delay in appointing a Chief Justice from another state.
  • Judicial Independence:

    • Justice Mehta's letters address the growing trend of judges acting for “extraneous considerations” towards the end of their careers, referring to the ACJ's alleged corrupt practices.
  • Responses and Procedures:

    • The CJI has directed that Justice Sharma be given an opportunity to respond and that any decisions regarding the ACJ will consider all materials involved.
  • Historical Context:

    • Justice Sharma was appointed Acting Chief Justice of the Rajasthan High Court in September 2025, after a recommendation from the Supreme Court Collegium in May 2025, despite earlier recommendations for his repatriation being declined in March 2023.

Implications:

  • Reflection on the internal challenges within the judiciary and the need for accountability and oversight in judicial appointments.
  • Emphasis on procedural integrity in handling allegations against sitting judges to maintain judicial independence and institutional trust.

Key Terms & Concepts

Chief Justice of IndiaHead of the Judiciary
Rajasthan High CourtJudicial Authority in Rajasthan
Sandeep MehtaSupreme Court Judge
Sanjeev Prakash SharmaActing Chief Justice
August 26, 2026Date of Statement Release
August 2, 2026Date of First Letter
September 26, 2026Retirement Date of ACJ
March 2023Repatriation request not accepted
May 26, 2025Recommended for repatriation
100 roomsSize of proposed guest house

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Judicial Appointments and Transparency Issues
Polity and Governance26-Aug-2026

Judicial Appointments and Transparency Issues

Notes on Judicial Appointments in India

Constitutional Articles and Rights

  • Article 14: Guarantees equality before the law, applicable to public employment, including judicial appointments.
  • Article 16: Provides for equality of opportunity in matters of public employment.

Judicial Precedents

  • First Judges Case (1981): Established executive primacy in judicial appointments.
  • Second Judges Case (1993, 4 SCC 441): Transferred primacy to Chief Justice of India (CJI) and senior judges’ opinion.
  • Third Judges Case (1998, 7 SCC 739): Formed the current five-member collegium system.
  • Secretary, State of Karnataka vs. Umadevi (2006, 4 SCC 1): Emphasized the need for transparent procedures in public appointments.
  • CPIO vs. Subhash Chandra Agarwal (2019, 3 SCC 1): Affirms CJI's office is subject to the Right to Information Act.

Judicial Appointments and Transparency Issues

  • Current collegium system criticized for lack of transparency, such as:
    • No notifications of vacancies.
    • Absence of an eligibility matrix.
    • Non-disclosure of members who participated in decisions.
  • Historical moves towards transparency regressed:
    • Resolutions of the collegium ceased naming decision-making members and justification after November 2024.
    • Recommendations rose to 30% for candidates related to sitting/retired judges (mainly in 2025).

Social Implications

  • Accusations of "nepotism" among judicial appointments, labeled "Uncle Judges."
  • Studies indicated that nearly one in three High Court judges and about 30% of Supreme Court judges had familial connections in the judiciary.

Reform Recommendations

  • Suggested reforms for collegium:
    1. Public announcements regarding anticipated vacancies.
    2. Open invitation for applications from qualified candidates.
    3. Objective eligibility criteria.
    4. Documented reasoning for candidate selections to assure fairness and accountability.

International Comparisons

  • United Kingdom: Uses a Judicial Appointments Commission that publicly advertises vacancies and conducts structured interviews.
  • South Africa: Implements a Judicial Service Commission that invites public nominations and conducts televised interviews.

Underlying Philosophical Debate

  • The ongoing discussion is about balancing judicial independence with the need for transparency and accountability.
  • Institutions resisting reform may face legitimacy erosion, impacting public trust and confidence in the judicial system.

This summary highlights significant aspects of the debate concerning judicial appointments in India, focusing on constitutional obligations, legal precedents, transparency issues, social concerns of nepotism, and reform suggestions rooted in comparative international practices.

Supreme Court Judgment on Industry Definition
Polity and Governance25-Aug-2026

Supreme Court Judgment on Industry Definition

Supreme Court of India Judgment Summary - August 20, 2026

Key Case Reference:

  • Case: Bangalore Water Supply and Sewerage Board vs A. Rajappa (1978)
  • Context: Supreme Court's decision on the definition of "industry" under Section 2(j) of the Industrial Disputes Act, 1947 (ID Act).

Judicial History:

  • State of U.P. vs Jai Bir Singh (2005): Questioned the correctness of BWSSB; led to the establishment of a seven-judge Bench, later referred to a nine-judge Bench.
  • Repeal of ID Act: The ID Act, 1947 was repealed by the Industrial Relations Code (IRC), 2020, effective November 21, 2025.

Judgment Overview:

  • Question Framed (February 16, 2026):

    1. Correctness of the test in BWSSB.
    2. Impact of the ID Act Amendment and IRC, 2020.
    3. Inclusion of government welfare activities as "industrial activities."
    4. Scope of "sovereign functions" under Section 2(j).
  • Judges' Opinions:

    • D. Datta and U. Bhuyan: No answer required to the reference.
    • B.V. Nagarathna: Considered the exercise unnecessary and academic.
    • P.S. Narasimha: Emphasized the need for interpretation but recognized repeal negated immediate relevancy.
  • The Chief Justice's opinion suggests the reformulated “Triple Test” is hypothetical and will not impact pending cases.

Constitutional References:

  • Article 42: Requires state to secure just and humane working conditions.
  • Article 23: Prohibits trafficking in human beings and forced labor.
  • Kesavananda Bharati (1973): Affirmed that justice, social, economic, and political is part of the Constitution's basic structure.
  • Concerns Over Inequality: Recognizes the persistent imbalance between capital and labor, which necessitates protections for workers.

Significance of BWSSB:

  • BWSSB established a broad definition of "industry" that ensured workers received minimum protections under the ID Act for industrial peace.
  • Reformation of the definition within the new IRC must not strip workers of protection but ensure social justice as mandated by constitutional ideals.

Implications of the IRC, 2020:

  • The IRC is an independent legislative enactment; any interpretations must align with its text, avoiding previous biases stemming from BWSSB.
  • A trend of narrowing protections under new laws was highlighted, indicating a risk of excluding more workers from insulating legal protections.

Conclusion:

  • The Supreme Court's judgment emphasizes the need for balanced interpretation of labor laws reflecting social justice.
  • There remains a concern regarding the capacity of the new labor codes, including the IRC, to uphold the promise of social justice embedded in the Constitution. Future judicial interpretations must ensure workers are adequately protected under evolving labor laws.