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CJI Ranjan Gogoi raises the issue of Splitting up Collegium Proposals with PM Modi

Team SoOLEGAL 6 Nov 2018 12:00pm

CJI Ranjan Gogoi raises the issue of Splitting up Collegium Proposals with PM Modi

CJI Ranjan Gogoi is unhappy with the law and justice ministry splitting up Collegium recommendations by selectively withholding names of some of the advocates for appointment as judges of high courts, reports the Economic Times.

According to the ET Report, the CJI has also raised the issue with Prime Minister Narendra Modi in one of their conversations.

 “The splitting up of recommendations is a matter of serious concern, and the CJI has taken it up with the PM,” an anonymous source revealed to ET.

The unnamed source further said that recently, the law and justice ministry (Centre) has withdrawn at least 12 proposals recommended by the Collegium led by CJI Gogoi, and CJI has reportedly decided to review all cases where the names cleared by the Collegium were held back by the ministry.

The CJI said that he will also review the proposals which were reiterated, but are still pending with the Central Government for issuance of warrant of appointment.

Further, Chief Justice Gogoi has also taken up the issue of Centre delaying Collegium recommendations for months, and in some cases, even for years. In fact, the CJI last Friday said in an open Court that about 39 names still need clearance from the Centre. The Chief Justice then said that he will address this issue on the administrative side, while hearing a plea filed by NGO Common Cause seeking to direct the Centre to clear the pending recommendations.

The most recent instance of Centre’s segregation of proposal recommended by SC Collegium is of advocate P V Kunhikrishnan, whose name was recommended for the appointment as judge of Kerala HC. The Collegium had on October 9 recommended five names for appointment as judges in the Kerala HC. However, the Centre on November 1 notified appointment of only four judges conspicuously omitting the name of advocate Kunhikrishnan.

Another, and rather most glaring, instance of Centre’s segregation of Collegium recommendations was that of Justice Kurian Joseph and senior advocate Indu Malhotra – to be appointed as judges of the top court. Though, Justice Malhotra administered oath of office in April, Justice Joseph’s appointment was delayed. Justice Joseph was administered oath in August, followed by Justices Indira Banerjee and Vineet Saran, thereby placing Justice Joseph below the other judges in order of seniority. 

Tagged: Judicial Appointments   Judges Appointments   SC Collegium Proposal Segregation   SC Collegium   Centre   CJI Ranjan Gogoi  
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T.K.Reddy
Much needed information shared.
T.K.Reddy 6 Nov 2018 1:35pm
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