After months-long deadlock, the Centre has finally agreed to the Supreme Court Collegium's decision to elevate the Uttarakhand High Court Chief Justice KM Joseph to the apex court. Joseph apart, Madras High Court Chief Justice Indira Banerjee and Orissa High Court Chief Justice Vineet Saran have also been elevated to the top court.
The new additions have taken the number of judges in the apex court to 25, which is still short of 6 from its actual sanctioned strength. For the first time, the Supreme Court will also have three sitting female judges – Justices R Bhanumathi, Indu Malhotra and Indira Banerjee – the most female judges the apex court ever had.
The notifications were issued on Saturday after President Ram Nath Kovind signed warrants of their appointments. Justice Banerjee will become the eighth woman judge in the history of the Supreme Court.
She will succeed the likes of Fathima Beevi, Sujata V. Manohar, Ruma Pal, Gyan Sudha Misra and Ranjana Prakash Desai.
Justice Banerjee was appointed as a judge of the Calcutta high court on February 5, 2002 and was transferred to Delhi HC on August 8, 2016. She was elevated as Chief Justice of Madras HC on April 5, 2017. She stands at serial number 4 in the combined seniority of high court judges on all-India basis.
Justice Saran was appointed as a judge in the Allahabad high court on February 14, 2002 and was transferred to the Karnataka High Court on February 16, 2015. He was elevated as the Chief Justice of Orissa High Court on February 26, 2016. He stands at serial number 5 in the combined seniority of high court judges on all-India basis.
Justice Joseph's name was recommended for appointment as a judge of the Supreme Court by the collegium headed by Chief Justice of India Dipak Misra on January 10. On April 30, the government had returned the recommendation for reconsideration on the grounds that he lacked seniority. Justice Joseph was already in news for striking down the imposition of President's rule in Uttarakhand in 2016 after the dismissal of a Congress government led by Harish Rawat.
The Law Ministry had also pointed out that his appointment to the apex court will disturb regional balance. It argued when many high courts in the apex court remain unrepresented, Kerala will be overrepresented with already Justice Kurian Joseph belonging to Kerala and other two judges Justice Ashok Bhushan and Justice Mohan M. Shantanagoudar also coming to the apex court after serving at Kerala High Court. Justice KM Joseph's parent high court is also the Kerala HC. An earlier recommendation of the collegium to transfer Justice Joseph to Andhra Pradesh and Telangana high court on health grounds was kept pending by the government for a long time. The collegium on May 16 in-principle reiterated the decision to recommend Justice Joseph's name. But the recommendation was sent to the government in July.
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