The Supreme Court collegium of five most-senior judges will meet on Wednesday to discuss the Centre’s decision to reject Justice KM Joseph’s name for elevation. They are likely to reiterate the recommendation to elevate Justice Joseph, reported NDTV.
Chief Justice Dipak Misra and Justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph – who will meet at 4.15 pm at the Supreme Court premises – may also decide not to send any more names to the government unless Justice Joseph’s appointment to the Supreme Court is approved, The Indian Express reported. At present, there are 25 judges whereas the sanctioned strength of the Supreme Court is 31.
The collegium had in January recommended Joseph and lawyer Indu Malhotra for elevation. On April 26, the law ministry notified Malhotra’s appointment, but refused to clear Joseph’s. The ministry justified the decision by saying there were 11 High Court chief justices who were senior to KM Joseph, and none of those courts had representations in the Supreme Court at present. It also said judges from marginalised communities had not been appointed to the top court “for long”. Joseph is the chief justice of Uttarakhand High Court.
The Centre’s decision had sparked a controversy because Justice Joseph had, in 2016, headed a three-judge bench that quashed the government’s decision to impose President’s Rule in Uttarakhand. Since then, his request for a transfer to Andhra Pradesh and elevation to the top court have been blocked by the government.
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