Not justiciable: SC refuses to entertain PIL related to collegium

The Supreme Court bench said such issues were to be considered by the competent authority on the administrative side and that it did not find it necessary to entertain the writ petition

The Supreme Court on Friday refused to entertain a plea challenging a recommendation apparently made by the Madras high court collegium, saying that such issues are not "justiciable" and should be left to the competent authority to deal on the administrative side.

"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," a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said.

It was hearing the plea which alleged that the collegium recommendation of the high court was void as one of the senior judges, Justice Nisha Banu, was not part of the deliberations.

The Centre, on October 14 last year, notified the transfer of Justice Banu from the Madras high court to the Kerala high court. However, she joined the Kerala High Court only in December 2025 after a reminder from President Droupadi Murmu.

The PIL, filed by A Prem Kumar through lawyer Rangoli Seth, said that the collegium recommendation by the Madras High Court was made without Justice Banu being part of the deliberations.

Senior advocate Rachna Srivastava, appearing for the petitioner, said the collegium composition was wrong, as Justice Banu was then a judge of the Madras high court.

"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...," the CJI said.

The bench refused liberty to the petitioner to approach the high court, saying, "Don't do anything. Thank you so much for bringing this to our notice."