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SC Judge Kurian Joseph Writes to President Pointing Out Discrepancy in CJI Oath Words

Team SoOLEGAL 4 Oct 2018 6:00pm

SC Judge Kurian Joseph Writes to President Pointing Out Discrepancy in CJI Oath Words

Supreme Court judge Kurian Joseph, who is also a member of the SC Collegium, has written to the President of India pointing out “a glaring discrepancy” in the CJI oath, according to a report published in ET.

Justice Joseph, in his letter, reported about the discrepancy between the designation prescribed in the oath administered to the Chief Justice of India and the position mentioned in the warrant of appointment.

While the warrant stipulate the title of the SC’s top judge as Chief Justice of India, the oath – as prescribed in the Constitution – cites the title of the top court judge as Chief Justice of the Supreme Court of India.

Thus the person appointed by the President of India as the Chief Justice of India is administered oath as Chief Justice of the Supreme Court of India,” Justice Joseph has said in his letter.

Justice Joseph’s letter was reviewed by ET.

In his letter, Justice Joseph says “the discrepancy exists because there is no separate form of oath for the Chief Justice of India… There needs to be a separate form of oath or affirmation for the Chief Justice of India.”

According to the ET report, Joseph had written to the President about the issue on March 16, and requested him to consider making changes to the ‘Third Schedule’ on the form of an oath before the swearing in of Ranjan Gogoi as the 46th Chief Justice of India (CJI).

Though Gogoi’s warrant of appointment designated him as the Chief Justice of India, he took oath as Chief Justice of the Supreme Court of India on Wednesday, as the ‘Third Schedule’ hasn’t been amended yet.

Joseph had raised the issue during hearings of the National Judicial Appointments Commission case in 2015.

Attorney General for India submitted in court that the government will look into the matter. However, so far, nothing has been done,” Justice Joseph further said in his letter.

Since all the official communication, rules of business of the top court and the judgments mention the office as Chief Justice of India and not as the Chief Justice of the Supreme Court of India, the oath should also reflect this, Justice Joseph suggested. 

Tagged: Discrepancy in CJI Oath Words   Chief Justice of India   Chief Justice of the Supreme Court of India   CJI   Justice Kurian Joseph   Supreme Court of India   SC Collegium   Ranjan Gogoi  
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