Kerala lawyers irked over delay in Justice KM Joseph's elevation to SC

The Kerala High Court Advocates' Association (KHCAA) expressed "deep concern and anxiety" over the delay in the elevation of Uttarakhand Chief Justice KM Joseph to the Supreme Court. They wrote to the Centre asking it to send the collegium's recommendation to the President for his approval at the earliest.

"Justice KM Joseph is known for his integrity, honesty, knowledge in law and independent discharge of his judicial functions. He has discharged his duties as a judge, in letter and spirit of the oath he had taken. Such qualities cannot become a taboo for the appointment of anyone as a judge," the resolution read.

The resolution says: "No judge should suffer the consequences of being honest and fearless in the discharge of their duties. The delay in forwarding the name of Justice Joseph is sending a wrong signal to the institution."

On January 10, the apex court collegium comprising the top five senior most judges, had recommended Justice Joseph and senior advocate Indu Malhotra for elevation to the SC. However, after more than a month, the delay in finalising the appointment suggests that the Law Ministry may return the file to the collegium. The Centre may mull over Justice Joseph's lack of seniority, though data suggests that there are over 45 HC judges who are senior to Justice Deepak Gupta.

The Narendra Modi-led government may also be wary of Justice Joseph, who was a part of the bench that had quashed the imposition of President's Rule in Uttarakhand in 2016 paving way for Congress's Harish Rawat to reform his government.

The Supreme Court Collegium - comprising the top five senior-most judges - forward names to the Law Ministry for their consideration. Led by the Chief Justice of India Dipak, the other four members are the next senior most judges - Justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph. The candidates are chosen on various parameters that are etched out in the Memorandum of Procedure (MoP).