New Delhi: The Bharatiya Janata Party (BJP)-led union government on Thursday sent back Uttarakhand Chief Justice K.M. Joseph’s name recommended for Supreme Court (SC) by the collegium — a group of the five most senior judges.
Rejecting Justice Joseph’s elevation, the government asked the collegium to be “objective and fair” and reconsider their choice.
“The government said the Supreme Court collegium must explain why Justice Joseph was appointed and chosen despite other judges being senior. Besides, he would be the second judge from Kerala, which would be over-represented in the top court,” the Law Ministry told the collegium.
Reacting to the development, Chief Justice of India (CJI) Dipak Misra said there was “nothing wrong” in sending back the name of Justice Joseph as it was within the rights of the government.
“How do you know what the government has done? If they have sent back a name for reconsideration, they are well within their rights to do so under the Constitution Bench judgments. We will now examine it,” Justice Misra said.
According to the collegium, Justice Joseph is more deserving and suitable in all respects than others.
The opposition Congress party alleged the Narendra Modi-government was punishing Justice Joseph for his decision to cancel central rule in Uttarakhand in 2016.
The cancellation of central rule by Justice Joseph enabled the return of Congress government in Uttarakhand.
“This is serious. Is the Modi government above the law,” veteran Congress leader P Chidambaram tweeted.
But Law Minister Ravi Shankar Prasad said Congress had no moral authority to question the dignity of the courts.
“The history of Congress is littered with instances of judiciary’s independence being compromised. Indira Gandhi, grandmother of Congress president Rahul Gandhi, imposed emergency in 1975. Have they forgotten that,” Prasad said.
Interestingly, Indu Malhotra, the second candidate suggested by the collegium, was approved by the government on Thursday.
CJI rejected a petition by over 100 lawyers that Malhotra’s appointment be put on hold until both judges were appointed together.
Justice Misra, however, said it was “unthinkable” to delay appointment of Malhotra.
“It would be unthinkable, unimaginable and inconceivable to delay the elevation of Indu Malhotra, the first woman lawyer to be promoted to the Supreme Court directly. Just because the central government has not cleared Justice KM Joseph’s name, it does not mean Indu Malhotra’s appointment should be delayed,” CJI reacted.
Malhotra is likely to be sworn in on Friday by CJI.
Intervening in the matter, former Solicitor General Indira Jaising asked CJI to put on hold Malhotra’s oath.
“The independence of the judiciary must be saved at all cost. The warrant of appointment issued in favour of Indu Malhotra must be stayed until all concerns are addressed,” Jaisingh said.
After the government cleared Malhotra’s appointment and sent back the name of Justice Joseph, two members of the collegium - Justices Madan Lokur and Ranjan Gogoi - asked CJI Misra to call a full court in order to discuss “the future of apex court.”
