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Business News/ Politics / Policy/  Supreme Court collegium reiterates Justice K.M. Joseph’s name for elevation
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Supreme Court collegium reiterates Justice K.M. Joseph’s name for elevation

The Supreme Court collegium hasn't yet sent back Justice K.M. Joseph's name to the government for approval

Justice K.M. Joseph. The government will be bound to accept any name that has been reconsidered and sent back to it for approval. Photo: PTIPremium
Justice K.M. Joseph. The government will be bound to accept any name that has been reconsidered and sent back to it for approval. Photo: PTI

New Delhi: The Supreme Court collegium, in a meeting held on Friday, unanimously agreed that the recommendation for appointment of Justice K.M. Joseph should be reiterated before the government.

The collegium, comprising Chief Justice of India Dipak Misra and four of the seniormost judges of the Supreme Court—J. Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurian Joseph—has not yet sent his name back.

The judges are of the opinion that Justice Joseph’s name should be accompanied by the names of other chief justices of high courts recommended for elevation to the Supreme Court when it is sent back to the government. These names are to be decided at a meeting to be held on 16 May.

According to the draft memorandum of procedure, the government will be bound to accept any name that has been reconsidered and sent back to it for approval.

On 26 April, the government rejected the collegium’s recommendation to elevate Joseph but accepted its recommendation to elevate senior advocate Indu Malhotra as a judge of the apex court. Malhotra took oath the next day.

The sending of recommended names back and forth marks the potential escalation of a brewing conflict between the executive and the judiciary over judicial appointments to the top court.

The government gave several reasons for its move to return the recommendation on Joseph, the judge who had quashed President’s rule in Uttarakhand in 2016.

“The proposed appointment of Justice K. M. Joseph as a judge of the Supreme Court at this stage does not appear to be appropriate. It would also not be fair and justified to other more senior, suitable and deserving chief justices and senior puisne judges of various high courts," the government had stated while rejecting his name.

The government pointed out that Joseph was placed at number 42 on the all-India high court judges’ seniority list.

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Published: 11 May 2018, 10:01 PM IST
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