SC Collegium Again Defers Decision to Re-Recommend Justice KM Joseph

Supreme Court collegium again defers reiterating Justice KM Joseph’s elevation to top court Reports

Wikimedia Commons Augustus Binu

This was the Collegium's second meeting in five days.

Under the memorandum of procedure on appointment of Judges which is existing now, once the proposal is returned for reconsideration, and if the collegium reiterates the appointment, the government is bound to accept the same but there is no time limit on such appointment.

The collegium intends to send Justice Joseph's name along with other names being considered for Supreme Court judgeships.

The Collegium is to meet again on May 16 to discuss the other judges.

They are: Indira Banerjee of the Madras High court who is originally from the Calcutta HC; Subhash Reddy of Gujarat HC who is originally from Telangana and Andhra Pradesh HC; and Karnataka HC chief justice Dinesh Maheshwari who is originally from Rajasthan HC.

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Union Law Minister Ravishankar Prasad had rejected this allegation and had explained that the Centre was opposing Justice Joseph's elevation because Kerala HC, to which he originally belongs, is already well represented in the apex court and that there were other judges who deserved promotion first due to their seniority.

The collegium, which had met last on May 2, parted on an inconclusive note. At the May 11 meeting of the collegium, comprising CJI Misra and Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph, it was unanimously chose to reiterate the proposal to elevate Justice K M Joseph. During the May 11 meeting of the collegium, sources said Justices Chelameswar and Kurian Joseph had pitched strongly for reiteration of Justice K M Joseph's name and insisted on sending his name alone to the government for quick elevation to the SC. Both the proposals were sent on January 10 this year.

Meanwhile, the Supreme Court website crashed yesterday as well, so the Collegium decision could not be uploaded in the evening.

There are now seven vacancies in the Supreme Court, with two more vacancies likely to arise in the next two months, due to the retirement of Justices J. Chelameswar on June 22, and Justice Adarsh Kumar Goel, on July 6.

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