SC Collegium meets but defers decision on elevation of Justice K.M. Joseph to SC

Team SoOLEGAL 3 May 2018 1:41pm

SC Collegium meets but defers decision on elevation of Justice K.M. Joseph to SC

New Delhi: Never before the appointment of a judge to SC has attracted so much media attention. In the latest development collegium comprising of Chief Justice of India Dipak Misra and four senior most judges of SC met in the Supreme Court premises to discuss the issue of recommendation of Uttarakhand Chief Justice K.M. Joseph appointment to SC but deferred the decision for the next meeting.  If SC’s collegium reiterates its recommendation it would be binding on the government. Earlier Justice K.M. Joseph's elevation to Andhra High Court was also stalled.

The collegium’s agenda was to recommend reconsideration of the name of Mr. Justice K.M. Joseph, Chief Justice, Uttarakhand High Court to government or as requested by the centre to  “consider the names of judges from Calcutta, Rajasthan, and Telangana & Andhra Pradesh High Courts for elevation as judges of the Supreme Court, in view of the concept of fair representation.” However no decision could be taken.

In the meantime, Union Law Minister Ravi Shankar Prasad denied that Justice Joseph name being sent back had anything to do with the judgment he authored in 2016 quashing President’s rule in Uttarakhand and restoring the Congress government in the State. The government in its dossier had said that there were other Chief Justice’s of the state who are senior to him and on that basis they should be given priority. The government said Justice Joseph was “at serial number 42” in the All India High Court Judges' seniority list. It argued 11 Chief Justices across various high courts were senior to Justice Joseph and further his parent Kerala High Court was already “adequately represented” in the Supreme Court and high court chief justiceships. So the government asked the collegium for reconsideration of Justice K.M. Joseph's name. However other name of Indu Malhotra recommended by the collegium was accepted by the government and was recently sworn in as judge of Supreme Court and has since been presiding over the cases.

Tagged: SC   Collegium   Centre   Law Ministry  
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