The Supreme Court may consider an idea against the appointment of close relatives of judges to high court positions, according to sources.

The idea, put forward by a senior judge, aims to foster inclusivity and counter perceptions that familial connections may overshadow merit in judicial appointments.

Under this proposed framework, high court collegiums might be instructed not to recommend candidates whose immediate family members are current or former Supreme Court or high court judges. While this move could potentially exclude some qualified candidates, sources argue it would create more opportunities for first-generation lawyers and enhance diversity in the judicial system.

However, some critics caution that such a policy could unfairly prevent deserving individuals from ascending to the judiciary merely due to their family ties to higher court judges.

Currently, the three-member Supreme Court collegium, which recommends candidates for appointment to the apex court, includes Chief Justice of India Sanjiv Khanna, along with Justices BR Gavai and Surya Kant. Justices Hrishikesh Roy and Abhay S Oka also serve on the larger five-member collegium responsible for recommending names for high court judgeships.

The collegium recently introduced personal interactions with lawyers and judicial officers being considered for elevation to high courts, departing from the traditional reliance on biodata, written assessments, and intelligence reports. This shift comes in the wake of controversies such as the one involving Justice Shekhar Kumar Yadav of the Allahabad High Court, who made controversial remarks at a VHP event in December.

Justice Yadav appeared before the collegium on December 17 to offer his side of the story regarding the controversy. The Supreme Court had earlier sought a report from the Allahabad High Court about the matter, noting the remarks and initiating a review.

As part of the established procedure, the collegium allows any judge under scrutiny to present their defense before the Chief Justice and other members, ensuring transparency and fairness in its decision-making process.