3 Supreme Court judges sworn in, but battle on seniority rages

Even as Justices Indira Banerjee, Vineet Saran and KM Joseph were sworn in as judges of Supreme Court on Tuesday in order of their seniority as notified by the Centre, Union Law Minister Ravi Shankar Prasad lashed out at reports suggesting a bias in judicial appointments. He said that the government had only gone by convention and as per convention, the seniority of Supreme Court judges is determined on the basis of their swearing-in as judges of High Courts.

Justice Banerjee became Madras High Court judge on February 5, 2002 and Justice Saran was appointed to the Orissa High Court on February 14, 2002. Justice Joseph, meanwhile, was appointed the Uttarakhand High Court judge on October 14, 2004.

Speaking on the judicial controversy for the first time, Prasad said that there was no way Justice Joseph could have be allowed to take oath before Justice Banerjee. "We want to appoint only the best judges. India is a country of diversity. To promote someone, will you overlook the other 40 senior high court judges? Banerjee became a judge in 2002 and Joseph became judge in 2004. How can we allow a two-year senior to take oath next?" said Prasad.

Meanwhile, it has also come to light that a group of Supreme Court judges had on Monday approached Chief Justice of India Dipak Misra on the question of 'seniority' Justice Joseph will enjoy in the Supreme Court. Soon after, the Chief Justice met Attorney General KK Venugopal. It is reported that his junior status is expected to hamper his chances of being elevated to the post of CJI as well as to head a Supreme Court bench.