The Centre on Monday notified the appointment of Justice Joymalya Bagchi of the Calcutta High Court as a judge of the Supreme Court.
“In exercise of the powers conferred by clause (2) of Article 124 of the Constitution of India, the President is pleased to appoint Justice Joymalya Bagchi, Judge of the Calcutta High Court, to be a Judge of the Supreme Court of India with effect from the date he assumes charge of his office,” a Department of Justice notification read.
Currently, the Supreme Court is functioning with 32 judges against its full sanctioned strength of 34 judges, including the Chief Justice of India (CJI). Once Justice Bagchi takes the oath of office, the actual strength of the top court would reach 33 judges.
The Supreme Court Collegium, led by CJI Sanjiv Khanna, had on Thursday unanimously recommended Justice Joymalya Bagchi for appointment as a judge of the Supreme Court.
The decision was taken by the Collegium after deliberating on the names of Chief Justices and senior puisne Judges of various high courts eligible for elevation to the Supreme Court, a Collegium resolution stated.
Justice Bagchi would be in line to be CJI after the retirement of Justice KV Viswanathan on May 25, 2031. He would have a tenure of more than six years before he assumes the office of the CJI, the Collegium resolution stated.
“After the retirement of Justice Altamas Kabir on July 18, 2013 as Chief Justice of India, there has not been any Chief Justice of India from the High Court at Calcutta. On the retirement of Justice KV Viswanathan on May 25, 2031, Justice Bagchi would be in line to assume office as the Chief Justice of India till his retirement on October 2, 2031,” it read.
Justice Bagchi was appointed as a Judge of the High Court at Calcutta on June 27, 2011 and transferred to the High Court of Andhra Pradesh on January 4, 2021.
He was repatriated to the High Court at Calcutta on November 8, 2021 and has been functioning there since then. He has served as a Judge of the High Court for more than 13 years. During his long tenure as a Judge of the High Court, Justice Bagchi has acquired significant experience in diverse fields of law, the resolution noted.
Justice Joymalya Bagchi stood at Serial No. 11 in the combined all-India seniority of High Court Judges, including Chief Justices.
The Collegium also took into consideration the fact that, at present, the Supreme Court was represented by only one Judge from the High Court at Calcutta.
