The government today returned to the Supreme Court collegium its recommendation to elevate Justice KM Joseph to the apex court and asked it to reconsider it, a move which may widen rift between the judiciary and the executive.
The government today returned to the Supreme Court collegium its recommendation to elevate Justice KM Joseph to the apex court and asked it to reconsider it, a move which may widen rift between the judiciary and the executive.
This comes a day after the government cleared the appointment of senior advocate Indu Malhotra as a judge of the Supreme Court and kept in abeyance a decision on Joseph, who heads the Uttarakhand High Court. Both the names were recommended by the collegium in January.
In a ruling in 2016, Justice Joseph had cancelled President's rule in Uttarakhand and brought back the Congress government of Harish Rawat to power. The judgement was seen as major set back to the BJP-ruled government at the Centre.
The developments have evoked sharp reaction with the apex court's bar association chief terming as "disturbing" the government's action of accepting only one name and asking it to reconsider the name of Justice K M Joseph.
BJP leader Subramanian Swamy, a regular petitioner in the apex court, said the Congress' stand on the issue reflected its frustration.
Swamy's comment assumes significance as the Congress leadership including P Chidambaram, himself a senior advocate, were critical of the Centre's decision and tweeted that the recommendation of the collegium was final and binding in the appointment of judges.
"Is the Modi government above the law," Chidambaram tweeted. "What is holding up Justice K M Joseph's appointment? His state, or his religion or his judgment in the Uttarakhand case?"
Dealing a major blow to Modi government, a bench headed by Uttarakhand High Court Chief Justice K M Joseph in 2016 had quashed the imposition of President rule in the state and had revived the Congress government headed by Harish Rawat. Later, the Congress lost the Assembly election.
(With PTI inputs)
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