Justice Prasad was appointed as an additional judge in June 2018. But, his appointment was challenged shortly after he took over, on the ground that he had not practiced as an advocate in the Madras High Court or courts subordinate to it in Tamil Nadu for 10 years, which is minimum requisite period as per rules.

However, a division bench comprising the then Chief Justice Indira Banerjee dismissed the challenge on finding that there was no violation of the eligibility criteria under Article 217 of the Constitution to call for the court’s intervention. It also held that it cannot sit in appeal over the decisions of the High Court and Supreme Court Collegium on the question whether Justice Subramonium Prasad was suitable for appointment. It may be noted that in a meeting where the Collegium had proposed his transfer to Delhi, it was also proposed that he be made a permanent HC judge.

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