SC Collegium recommends Yash Paul Bourney for J&K and Ladakh High Court
UPSC CSECLAT PG ● Lower importance 10 September 2026
SC Collegium recommends Yash Paul Bourney for J&K and Ladakh High Court

What happened

The Supreme Court Collegium has recommended the appointment of Advocate Yash Paul Bourney as a judge of the High Court of Jammu and Kashmir and Ladakh. The recommendation follows the Collegium's established procedure of assessing suitability of candidates for High Court judgeships. J&K and Ladakh High Court, which serves the Union Territory created after the reorganisation of the erstwhile state in 2019, continues to face judicial vacancies that the Collegium process seeks to address.

Why it matters

The Collegium system governs judicial appointments to High Courts and the Supreme Court in India. It evolved through three landmark rulings collectively known as the Three Judges Cases. The First Judges Case (S.P. Gupta v. Union of India, 1981) held that the executive had primacy in judicial appointments. The Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993) reversed this, vesting primacy in the Chief Justice of India and establishing the Collegium. The Third Judges Case (1998, Presidential Reference) clarified that the Collegium comprises the CJI and the four senior-most puisne judges of the Supreme Court for SC appointments, and the CJI with two senior-most judges for High Court appointments.

For High Court appointments under Article 217, the Collegium's recommendation is sent to the President. The President may return it once for reconsideration, but if re-sent, the appointment must be made. The J&K and Ladakh High Court is the common High Court for both Union Territories under Section 44 of the Jammu and Kashmir Reorganisation Act, 2019, which bifurcated the erstwhile state into two UTs — J&K (with legislature) and Ladakh (without legislature) — effective 31 October 2019. Article 231 of the Constitution permits a common High Court for two or more states; its application to Union Territories is enabled by statute.

The Collegium process remains constitutionally significant because it represents judicial primacy over executive will in appointments, a principle repeatedly contested but consistently upheld by the Supreme Court.
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