"Justice Mishra is a judge with integrity,” says Collegium while recommending his elevation as Supreme Court judge

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On May 16, 2023, the Supreme Court Collegium passed a resolution recommending the appointment of Andhra Pradesh High Court Chief Justice Prashant Kumar Mishra as a judge of the Supreme Court. The members of the Collegium include Chief Justice of India DY Chandrachud, Justice KM Joseph, Justice Sanjiv Khanna, Justice Sanjay Kishan Kaul, and Justice Ajay Rastogi. While making this recommendation, the Collegium had skipped over the Chief Justice of Allahabad High CourtPritinker Diwaker, who was ahead of the Apex Court’s nominee, CJ Kumar, in terms of seniority. The top Court said that “There is no representation to the High Court of Chhattisgarh in the present composition of the Supreme Court of India…The Collegium is conscious of the fact that the present Chief Justice of the Allahabad High Court is drawn from the parent High Court of Chhattisgarh and ranks senior to Justice Prashant Kumar Mishra. However, having considered all relevant factors, the Collegium is of the view that Justice Prashant Mishra is worthy of appointment as a judge of the Supreme Court.”

While recommending Justice Mishra’s name for elevation as Supreme Court judge, the Collegium said that on October 13, 2021, he was appointed as the CJ of Andhra Pradesh High Court. He has also served as a Justice of the Chhattisgarh High Court and is a former Acting Chief Justice of the same. The top Court Collegium demonstrated that “During his tenure of nearly twelve years as a judge of the High Court of Chhattisgarh, Justice Mishra has acquired significant experience in diverse fields of law. His judgments cover wide-ranging issues pertaining to law and justice.” The Collegium further demonstrated that it is not the only reason for his elevation but this experience will also “the appointment of Justice Prashant Kumar Mishra will provide value addition in terms of his acquired knowledge and experience. Justice Mishra is a judge with integrity.” The Supreme Court Collegium concluded, “After carefully evaluating the merit, integrity, and competence of eligible Chief Justices and Senior puisne judges of the High Courts and also accommodating a plurality of considerations, the Collegium finds Justice Prashant Kumar Mishra, Chief Justice of Andhra Pradesh High Court (PHC: Chhattisgarh) to be more deserving and suitable in all respects for being appointed as a Judge of the Supreme Court of India.”