On Wednesday, SC Collegium deferred the decision to send back Justice KM Joseph’s name to the Law Ministry.
On Wednesday, SC Collegium deferred the decision to send back Justice KM Joseph’s name to the Law Ministry. They also decided to consider the name of other judges 'in view of the concept of representation'.
A note about the Collegium was uploaded on the SC website which read:
The Collegium met to consider the following Agenda: “To reconsider the case of Mr. Justice K.M. Joseph, Chief Justice, Uttarakhand High Court [PHC: Kerala], pursuant to letters dated 26th & 30th April, 2018 received from Ministry of Law & Justice, Government of India and also to consider the names of Judges from Calcutta, Rajasthan, and Telangana & Andhra Pradesh High Courts for elevation as Judges of the Supreme Court, in view of the concept of fair representation.”
Deferred.
If the SC collegium had reiterated Justice KM Joseph’s name, the Centre was bound to abide by the collegium’s recommendation.
The Centre had rejected KM Joseph’s elevation citing it was ‘unfair’ to 41 judges who were ahead of him and stated that his elevation would ‘distort the regional imbalance further’. CJI Misra had backed the Centre’s decision to right to return the recommendation. Earlier, members of the collegium, including Justices Chelameswar, Gogoi, Lokur and Kurian Joseph had expressed concern over the delay.
All the five judges including Chief Justice Dipak Misra and justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph took part in the meeting.
Justice Joseph's name was recommended along with the senior advocate Indu Malhotra on January 10 for their elevation as apex court judges. The government had on April 26 declined to accept the recommendation of the Collegium and asked it to reconsider his name.
Malhotra was sworn in as the judge of the apex court on April 27.
Justice K M Joseph, who had headed the bench that had quashed the Narendra Modi government's decision to impose President's rule in the Congress-ruled hill state in 2016, was not considered to be elevated as a Supreme Court judge by the Centre which said the proposal was not in accordance with the top court's parameters and there was adequate representation of Kerala in the higher judiciary from where he hails.
His seniority was also questioned by the Centre which said "he stands at Sl. No.45 in the combined seniority of High Court Judges on all-India basis." Justice Joseph, who turns 60 this June, has been the Chief Justice of the Uttarakhand High Court since July 2014. He was appointed a permanent judge of the Kerala High Court on October 14, 2004 and assumed charge of the Uttarakhand High Court on July 31, 2014.
The members of the collegium including Justices Chelameswar, Gogoi, Lokur and Kurian Joseph had expressed concern over the delay in clearing the name of the Uttarakhand Chief Justice as the apex court judge.
Notwithstanding the letters written by the collegium members to the CJI, which had come into the public domain, the centre disregarded the recommendation about Justice Joseph.
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