Current Affairs for 31 August 2026

Acting Chief Justice and Judicial Appointments: A Constitutional and Institutional Debate

Why in the News?

• A controversy involving Justice Sanjeev Prakash Sharma, Acting Chief Justice of the Rajasthan High Court, has revived an important question before the Supreme Court Collegium:
• Can an Acting Chief Justice recommend names for the appointment of judges to a High Court?
• Justice Sharma has been serving as the Acting Chief Justice since September 2025. The Supreme Court Collegium will now consider at least four names recommended by him, bringing renewed attention to the convention and procedure governing judicial appointments made during an Acting Chief Justice’s tenure.

What is the Collegium System?

The Collegium System is the mechanism currently used for appointments and transfers of judges of the higher judiciary in India.

• It is not expressly mentioned in the Constitution. 
• It evolved through a series of Supreme Court judgments known as the Judges Cases. 
• The system gives primacy to the judiciary in judicial appointments. 

Three Judges Cases

For High Court Appointments

The process generally begins with the High Court Collegium, which recommends candidates. The recommendations are subsequently considered at the Supreme Court Collegium level and then processed by the Union Government and the President under the constitutional framework.

Who is an Acting Chief Justice?

An Acting Chief Justice is appointed when the office of the Chief Justice of a High Court is vacant, or when the Chief Justice is unable to perform the functions of the office.

Constitutional Provision

Article 223 of the Constitution provides for the appointment of an Acting Chief Justice of a High Court.

• The President may appoint another judge of the High Court to perform the functions of the Chief Justice. 
• It is generally intended to be an interim arrangement until a permanent Chief Justice is appointed. 

Can an Acting Chief Justice Recommend Judges?

There is no clear constitutional prohibition preventing an Acting Chief Justice from making recommendations for the appointment of High Court judges. However, by convention, Acting Chief Justices generally do not make such recommendations, particularly when their tenure is expected to be short.

Judicial appointments require:

• Detailed assessment of candidates; 
• Consultation with other judges; 
• Consultation with the Bar; 
• Assessment of professional reputation and integrity; 
• Familiarity with the functioning of the High Court. A short-term Acting Chief Justice may not have sufficient time to undertake such extensive consultations.

However, past practice shows that exceptional cases have been handled differently by the Collegium.

The Present Rajasthan Case

Justice Sanjeev Prakash Sharma has served as Acting Chief Justice of the Rajasthan High Court since September 2025.

The Supreme Court Collegium must consider at least four recommendations made by him.

Two Views Before the Collegium

View 1: Consider on Merit

• Recommendations should not be rejected merely because they were made by an Acting Chief Justice. 
• The candidates should be assessed on their merit and suitability. 
• Justice Sharma's relatively long tenure as Acting CJ strengthens this argument. 
• Rajasthan is also his parent High Court, giving him familiarity with the local Bar and judicial environment. 

View 2: Institutional Concern

• An Acting Chief Justice is supposed to be a temporary arrangement. 
• Accepting recommendations from Acting CJs could make prolonged acting tenures more acceptable. 
• This could reduce the institutional urgency to appoint a permanent Chief Justice. 

Judicial Precedent: Bombay High Court, 2020

The Bombay High Court case of 2020 provides an important precedent.Justice Dharmadhikari served as Acting Chief Justice of the Bombay High Court from February 20 to March 19, 2020, and subsequently became Chief Justice until his retirement on April 27, 2020.

During this period, he prepared a list of 22 candidates for appointment as High Court judges. Two consultee judges objected to the recommendations. Their concerns

They argued that:

• Proper vetting of 22 candidates required considerable time. 
• Consultation with the Bar was necessary. 
• An Acting Chief Justice with a short tenure might not be able to adequately assess all candidates. 
• The recommendations should instead be considered by the sitting Chief Justice. 

However, a third consultee judge disagreed, pointing out that Justice Dharmadhikari had served in the Bombay High Court since 2004 and was familiar with the Bar.

Outcome

• The Supreme Court Collegium forwarded 18 of the 22 recommendations to the Centre. 
• The Centre subsequently returned the names, citing the reservations of the consultee judges. 
• Fresh lists were later prepared by the High Court. 

Rajasthan High Court Case, 2022

In another case, the Centre raised objections to at least 12 names recommended by the then Chief Justice of the Rajasthan High Court, Justice Akil Kureshi, because the recommendations had been made towards the end of his tenure.

The Supreme Court Collegium sought information on whether there were specific objections against individual candidates, including those based on intelligence inputs.

Subsequently:

• The Centre cleared 8 of the 12 names. 
• The episode demonstrated that recommendations made near the end of a Chief Justice's tenure are not automatically invalid. 

Key Takeaway

Past practice suggests that judicial recommendations have generally been considered case by case, rather than rejected solely because of the timing or status of the recommending Chief Justice.

The Broader Controversy

The present issue has emerged against the backdrop of a separate controversy concerning the functioning of the Rajasthan High Court's Acting Chief Justice.

Supreme Court judge Justice Sandeep Mehta, who had earlier served in the Rajasthan High Court, wrote three letters to CJI Surya Kant seeking the replacement of the Acting Chief Justice with a Chief Justice from outside the state.

The letters reportedly contained allegations concerning:

• Manipulation of case listings; 
• Threats to fellow judges; 
• Alleged misuse of administrative powers; and 
• The unusually long tenure of the Acting Chief Justice. 

CJI's Response

CJI Surya Kant responded that allegations concerning a sitting judge should not be adjudicated through the media and should instead be dealt with through appropriate institutional mechanisms.

Why Does This Matter?

1. Quality of Judicial Appointments :-Judicial appointments require careful assessment. Inadequate scrutiny could affect the quality and credibility of the higher judiciary.
2. Judicial Vacancies :-High Courts already face significant vacancies. Returning recommendations on procedural grounds may further delay appointments.
3. Prolonged Acting Tenures :-A long Acting Chief Justice tenure raises questions about whether an interim arrangement is gradually becoming a substitute for a permanent appointment.
4. Lack of Codified Rules :-The Collegium system is substantially based on constitutional interpretation, judicial precedents and conventions, rather than a comprehensive statutory framework. This provides flexibility but can also lead to inconsistency.
5. Judicial Independence :-The issue also highlights the need to balance:Judicial independence + accountability + transparency + institutional efficiency.

Constitutional Provisions to Remember

Major Challenges in the Collegium System

• Delay in judicial appointments 
• Large number of judicial vacancies 
• Lack of transparency in selection criteria 
• Absence of a comprehensive statutory framework 
• Executive–judiciary differences over recommendations 
• Lack of uniform timelines 
• Prolonged Acting Chief Justice arrangements 
• Concerns regarding accountability and consistency 

Way Forward

• Clear Written Guidelines:-There should be clear institutional guidelines regarding whether and under what circumstances an Acting Chief Justice can recommend judicial appointments.
• Time-Bound Appointment of Chief Justices :-Permanent Chief Justices should be appointed without unnecessary delay so that interim arrangements do not become prolonged.
• Greater Transparency :-The Collegium should improve transparency regarding its criteria and decision-making process while protecting legitimate confidentiality.
• Adequate Consultation :-The appointment process should ensure meaningful consultation with judges and other relevant stakeholders, including the Bar where appropriate.
• Balance Independence with Accountability Reforms should strengthen, rather than undermine, judicial independence while improving transparency, accountability and institutional efficiency.

Conclusion

• The question of whether an Acting Chief Justice can recommend names for judicial appointments does not have a settled, universally applicable answer. While there is no explicit constitutional prohibition, conventionally Acting Chief Justices have generally avoided making such recommendations because their tenure is expected to be temporary.
• The Bombay High Court case of 2020 and the Rajasthan High Court episode of 2022 demonstrate that the Collegium has adopted a case-by-case approach.
• The present controversy therefore goes beyond one High Court. It highlights the need for clearer, transparent, consistent and time-bound norms for judicial appointments while maintaining the fundamental principle of judicial independence.

FAQs: Acting Chief Justice and Judicial Appointments

India’s Nuclear Energy Programme: Technology, Policy and the Road to 100 GW

Why in News?

The Press Information Bureau (PIB) recently released a backgrounder on Nuclear Energy Technology in India, highlighting the country’s nuclear technologies, three-stage nuclear power programme and efforts towards achieving long-term energy security.

Important Point

• India currently operates 24 nuclear power reactors with a total installed capacity of 8.78 GW.
• Nine reactor units, with a combined capacity of 7.5 GW, are under construction.
• The government has approved 10 indigenous Pressurised Heavy Water Reactors (PHWRs) in fleet mode.
• Pre-project activities have also been initiated for two 500 MW Fast Breeder Reactors (FBRs).
• India aims to achieve 100 GW of nuclear power capacity by 2047.
• The Nuclear Energy Mission, announced in the Union Budget 2025–26, is supporting the development of indigenous nuclear technologies, including Small Modular Reactors (SMRs).

How Does Nuclear Energy Work?

• Nuclear power plants generate electricity through nuclear fission.
• During nuclear fission, a neutron strikes the nucleus of a uranium or plutonium atom, causing it to split into smaller atoms. The process releases a large amount of heat and additional neutrons, which sustain a controlled chain reaction.
• The heat generated converts water into high-pressure steam. The steam drives a turbine connected to a generator, thereby producing electricity.
• Nuclear fuels may be either fissile or fertile. Fissile materials can directly sustain a chain reaction, while fertile materials must first be converted into fissile materials inside a reactor.
• Important nuclear fuels include Natural Uranium, Uranium-235, Low-Enriched Uranium (LEU), Plutonium-239 and Mixed Oxide (MOX) fuel.

Major Nuclear Reactors in India

• Pressurised Heavy Water Reactors (PHWRs): These form the backbone of India’s nuclear power programme. They operate mainly on natural uranium and therefore do not require uranium enrichment.
• Boiling Water Reactors (BWRs): India also operates BWRs, which use water as both coolant and moderator and generate steam inside the reactor vessel.
• Pressurised Water Reactors (PWRs): These reactors keep water under high pressure and use it to transfer heat for steam generation.
• Fast Breeder Reactors (FBRs): These reactors use plutonium and are designed to produce more fissile material while generating electricity. They are critical to the second stage of India’s nuclear programme.
• Small Modular Reactors (SMRs): These are compact next-generation reactors, generally generating up to 300 MWe. Their modular design can allow factory-based manufacturing, phased deployment and application in industrial and remote locations.

India’s Three-Stage Nuclear Power Programme

India’s three-stage programme seeks to gradually move from uranium towards thorium-based nuclear energy.

• Stage 1 – PHWRs: Pressurised Heavy Water Reactors use natural uranium to generate electricity. The spent fuel is reprocessed to recover plutonium.
• Stage 2 – FBRs: Fast Breeder Reactors use the plutonium recovered from Stage 1. They generate electricity while breeding additional fissile material and can also produce Uranium-233 from thorium.
• Stage 3 – Thorium-Based Reactors: Uranium-233 produced from thorium is used to harness India’s abundant thorium reserves for long-term energy generation.

The programme therefore provides a pathway for converting India’s thorium resources into a potential long-term source of nuclear fuel.

Prototype Fast Breeder Reactor

• The Prototype Fast Breeder Reactor (PFBR) at Kalpakkam is an important component of Stage 2.
• The Indira Gandhi Centre for Atomic Research (IGCAR) led its design, development, testing, safety assessment, commissioning and indigenisation.
• Nearly 90% of the reactor’s equipment and systems have been domestically manufactured, demonstrating India’s growing capabilities in advanced nuclear technology.

Small Modular Reactor Programme

Under the Nuclear Energy Mission announced in the Union Budget 2025–26, the government allocated ₹20,000 crore for research, design, development and deployment of indigenous SMRs.

India is developing:

• 220 MWe Bharat Small Modular Reactor
• 55 MWe SMR-55
• High-Temperature Gas-Cooled Reactor for hydrogen production

The government aims to operationalise at least five indigenous SMRs by 2033.

Nuclear Waste Management

• India follows a closed nuclear fuel cycle, under which spent nuclear fuel is reprocessed to recover valuable nuclear materials for reuse in future reactors.
• The remaining high-level radioactive waste is immobilised and safely stored.
• India also possesses vitrification technology, which converts high-level radioactive waste into a stable glass form, making it safer for long-term storage, transportation and eventual disposal.

Significance

• Energy Security: Nuclear power provides reliable domestic electricity and can help reduce India’s dependence on imported fossil fuels and exposure to fluctuations in global energy markets.
• Reliable Base load Power: Nuclear energy can provide continuous electricity irrespective of weather conditions. It can therefore complement variable renewable sources such as solar and wind and contribute to grid stability.
• Clean Energy Transition: Nuclear power is a low-carbon source of electricity. Its expansion can support India’s efforts to meet growing electricity demand while limiting carbon emissions.
• Technological Self-Reliance: India has developed indigenous capabilities across several parts of the nuclear fuel cycle, including reactor design, fuel fabrication, reprocessing, waste management and advanced reactor technologies.
• Utilisation of Thorium: India’s abundant thorium resources provide a potential long-term nuclear fuel advantage. Successful implementation of the three-stage programme can help convert this resource into usable nuclear energy.
• Industrial Development: Expansion of nuclear power can strengthen domestic capabilities in heavy engineering, specialised materials, precision manufacturing, electronics and nuclear-grade equipment.

India Relevance

• India’s electricity demand is expected to increase considerably with economic growth, urbanisation, industrialisation and the expansion of digital infrastructure.
• Renewable sources such as solar and wind will remain important for the energy transition, but their variable nature creates a need for reliable sources of electricity.
• Nuclear energy can complement renewables by providing stable baseload power while reducing dependence on fossil fuels.
• The development of indigenous PHWRs, Fast Breeder Reactors and SMRs can also create a larger domestic nuclear manufacturing ecosystem and strengthen the objectives of Aatmanirbhar Bharat.
• The successful utilisation of thorium would be particularly important for India because it could reduce long-term dependence on imported nuclear fuel and strengthen strategic energy autonomy.

Challenges

• Limited Uranium Resources: India’s uranium reserves are relatively low-grade and need to be supplemented through imports, creating a degree of external dependence.
• High Capital Requirement: Nuclear power projects require substantial upfront investment and long construction periods.
• Project Implementation: The technological complexity of nuclear projects can make timely construction and commissioning challenging.
• Nuclear Safety: Expansion of nuclear capacity must be accompanied by stringent reactor safety, radiation monitoring and emergency preparedness.
• Radioactive Waste Management: High-level radioactive waste requires secure management, storage and eventual disposal over very long periods.
• Scaling Advanced Technologies: The success of India’s long-term nuclear strategy depends on scaling Fast Breeder Reactors and eventually thorium-based technologies.
• Public Acceptance: Concerns related to radiation, safety, environmental impact, land acquisition and livelihoods can create resistance to new nuclear projects.

Way Forward

• India should accelerate the construction of standardised indigenous PHWRs while ensuring timely completion of reactors already under construction.
• The Fast Breeder Reactor programme needs to be progressively scaled to strengthen the second stage of India’s nuclear strategy and create the necessary foundation for greater thorium utilisation.
• Research and development of indigenous Small Modular Reactors should be encouraged, particularly for industrial applications, replacement of retiring fossil-fuel capacity and other specialised energy requirements.
• India should also continue strengthening domestic manufacturing capabilities across the nuclear supply chain through cooperation between research institutions, public-sector enterprises and Indian industry.
• At the same time, expansion of nuclear capacity must be supported by strong safety regulation, effective radioactive waste management, emergency preparedness and transparent engagement with local communities.