Tamil Nadu Govt Returns High Court Collegium Recommendations Citing Non-Inclusion Of Justice Nisha Banu In Collegium

The Tamil Nadu Government has returned the recommendations made by the Madras High Court collegium to elevate six judges of the District Judiciary as Judges of the High Court, citing the non-inclusion of Justice Nisha Banu in the Collegium.

The Supreme Court Collegium had recommended the transfer of Justice Banu from her parent High Court to the Kerala High Court, along with 13 other recommendations for transfer on August 27, 2025.

The Central Government had accepted the recommendation on October 15, 2025. Justice Banu, who was the 3rd seniormost Judge of the Madras High Court, had become the 9th seniormost Judge in the Kerala High Court.

Justice Banu has not joined the Kerala High Court yet, though she has stopped attending judicial work in the Madras High Court since October 14, 2025.

Last month, fifty lawyers of the Madras High Court had written a letter to the President of India, objecting to Justice Nisha Banu not joining the Kerala High Court.

The said letter has alleged that Justice Banu has not joined the Kerala High Court to continue in the Madras High Court Collegium for some more time.

"However, it has been reliably learnt that Hon'ble Justice Nisha Banu is intentionally delaying her joining in the Kerala High Court to stay in the Hon'ble Madras High Court Collegium for some more time for obvious reasons", the letter alleged.

Justice G.M. Akbar Ali, a former Judge of the Madras High Court, has written a column in the Hindu Newspaper stating that November 9, 2025, the Madras High Court collegium recommended the names of six District Judges for elevation to the High Court and the State Government, without objecting to the suitability of any of the candidates, sought clarification on the constitution of the Collegium itself.

According to Justice Ali, "Admittedly, Her Lordship is part of the Madras High Court and she continues to be a Collegium judge. Therefore, the State government had sought for clarification on the non-inclusion of Collegium judge Justice Nisha Banu and the inclusion of Justice M.S. Ramesh, the next seniormost judge".

Justice Ali further states in his column that instead of clarifying the "concerns" of the state, the Collegium proceeded to recommend nine Advocates for appointment as Judges of the Court.

Justice Ali argues in the column that Justice Banu has been excluded from the Collegium "without recorded justification" and that the next seniormost judge has been included in the Collegium "without jurisdictional support".

Justice Nisha Banu was elevated as a Judge of the Madras High Court on October 5, 2016. The official website of the Madras High Court still shows the name of Justice Banu among the list of the present 55 judges.