Supreme Court Dismisses Plea Questioning Madras HC Collegium Resolution For Not Including Justice Nisha Banu

The Supreme Court on Friday refused to entertain a writ petition challenging the recommendations stated to have been made by the Madras High Court in November 2025,  observing that the issue was not justiciable. 

The writ petition was filed A. Prem Kumar, contending that the High Court Collegium's recommendation was void, as the then second senior judge of the High Court, Justice Nisha Banu, was not included in the meeting. It may be noted that on October 14, 2025, the Centre had notified the transfer of Justice Banu from Madras High Court to Kerala High Court. However, despite the transfer order, she continued in the Madras High Court and joined the Kerala High Court only on December 19, 2025, after a reminder by the President. The issue was, whether, during the time she continued in Madras High Court even after the transfer order, she had to be included in the Collegium meeting in view of her seniority position.

Senior Advocate Rachna Srivastava, for the petitioner, submitted before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi that the collegium composition was wrong, as Justice Banu was then a judge of the High Court. "The composition of the collegium itself was...she continued to be a judge, she had not joined the transferee High Court," she submitted.

"We can only assure you that the Chief Justice of India and the collegium judges are strong enough to take anything...thank you for advising us on that.." CJI Kant said.

When the senior counsel sought liberty to approach the High Court, CJI said, "Don't do anything. Thank you so much for bringing this to our notice."

The bench dismissed the order, observing, "The issue sought to be raised is not justiciable. Such issues are required to be considered by the competent authority on the administrative side. We do not deem it necessary to entertain the writ petition."

Case :  A. PREM KUMAR Versus UNION OF INDIA AND ORS.| W.P.(C) No. 135/2026