Supreme Court collegium meet updates: Decision on KM Joseph's elevation deferred; 5 senior-most judges may meet again next week

SC collegium may add more names to recommendation before taking a call on Justice Joseph’s elevation

The collegium may recommend more names before sending the list of judges recommended to be elevated to the top court. The resolution adopted today reads that  the collegium is 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.

This in essence could means that the collegium has acknowledged the Centre’s suggestion of enabling fair representation in appointment of judges.

The SC collegium defers order on appointment of Justice KM Joseph

The Supreme Court collegium unanimously decided to defer the decision on elevation of Justice KM Joseph to the top court. The resolution adopted by the five judges 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.

Why did government reject KM Joseph’s elevation?

While returning the recommendation as “not appropriate”, the government had raised three issues:

1. It was not fair on 41 judges who were ahead of Joseph on the all-India seniority list of high court judges;
2. His elevation would distort the regional imbalance in the Supreme Court further;
3. The collegium should consider appointing a Dalit judge as the court was devoid of one.

CJI Dipak Misra backed Centre’s right to return recommendation 

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.

However, notwithstanding the letters written by the collegium members to the CJI, Dipak Misra had said that he sees nothing wrong in the government sending back one of the two names. 

It would be “unthinkable, unimaginable and inconceivable” to delay Justice Indu Malhotra’s elevation, the top court had ruled. But the court did not reject the plea that Justice Joseph’s seniority vis-a-vis Justice Malhotra should be protected.

Meeting of SC Collegium ends

The crucial collegium meet called to decide on Justice KM Joseph’s elevation has ended. The five senior most judges are expected to reiterate their recommendation of Justice Joseph. If that happens, the government is bound to abide by the collegium’s recommendation. 

However, the only grey area here is that the Constitution does not specify a time frame within which the government must act on the collegium’s recommendation. Meaning that the Centre can choose to sit on the appointment for as long as it likes.

Supreme Court collegium meeting begins on Justice Joseph’s elevation to top court

A crucial meeting of the Supreme Court Collegium is currently underway to reconsider the name of the Uttarakhand High Court Chief Justice K M Joseph for elevation as a judge of the apex court which was sent back by the government last week, sources told PTI.

Centre previously accused of sitting on KM Joseph’s transfer request as well

The Centre has cited elaborate reasons for asking the collegium to reconsider Justice KM Joseph’s elevation to SC. Union Law minister has gone on record to distance the issue at hand with a previous order by the judge seen to be unfavourable for the ruling party. 

However, according to  The Indian Express , the present government had sat over Justice KM Joseph’s request for a transfer order, citing health ground. 

“This is not the first time this Government has sat over his file. Justice Joseph had, two years ago, asked for a transfer to the plains on health grounds. He had health issues and had asked for a transfer to save himself from the biting cold in the hills and the Supreme Court had sent the file, transferring him to the High Court of Andhra Pradesh and Telangana. But the Government has kept silent on it till date,” Justice Kurien Joseph told the newspaper.

Constitution makes SC collegium’s recommendation binding on govt

 The government will be bound to appoint Justice K M Joseph as a Supreme Court judge if the Collegium reiterates its recommendation. 

The Third Judges Case has a relevant para which reads, “However, if after due consideration of the reasons disclosed to the Chief Justice of India, that recommendation is reiterated by the Chief Justice of India with the unanimous agreement of the judges of the Supreme Court consulted in the matter, with reasons for not withdrawing the recommendation, then that appointment as a matter of healthy convention ought to be made.”

The question here is of time. Since the previous orders and the Article 124 doesn’t give a timeframe on the appointment of judges to the Supreme Court, even if Justice Joseph’s name is recommended again, the Centre is free to sit on it as long as it wants.

Centre asking SC to reconsider KM Joseph’s elevation has nothing to do with Uttarakhand order: Ravi Shankar Prasad

Union Law minister Ravi Shankar Prasad reiterated his commitment towards ensuring the indeoendence of the judiciary. Speaking to  India Today , he said that the Centre’s decision to ask SC to reconsider Justice KM Joseph’s appointment to the Supreme Court has nothing to do with the Uttarakhand order, which quashed the NDA government’s decision to impose President’s Rule in Uttarakhand and brought back the Congress government of Harish Rawat to power.

Justice Chelameswar reaches court to attend collegium meet

Justice J Chelameswar who didn’t attend court today has also arrived for the meeting at the Supreme Court complex, media reports said.

SC collegium likely to reiterate recommendation for Justice KM Joseph’s elevation

The Supreme Court collegium is likely to reiterate its recommendation to appoint Uttarakhand chief justice as a Supreme Court judge. Speaking to  The Indian Express , Justice Kurien Joseph, who is also a part of the collegium said: “The Collegium might have to reiterate its recommendation furnishing facts and figures, and citing precedent, which have not been put in perspective by the Government when it returned his name.”

Who is justice KM Joseph?

KM Joseph, who turns 60 in June, has been Chief Justice of the Uttarakhand High Court since July 2014. He was appointed a permanent judge of the Kerala High Court on 14 October, 2004, and assumed charge of the Uttarakhand High Court on 31 July, 2014.

In a ruling in 2016, he had quashed the NDA government’s decision to impose President’s Rule in Uttarakhand and brought back the Congress government of Harish Rawat to power. The judgment was seen as a major set back to the BJP-ruled government at the Centre.

A toon takeaway on the story so far

Crucial collegium meet to deliberate on Justice KM Joseph’s elevation to begin shortly

 A crucial meeting of the Supreme Court collegium, or a group of five most-senior judges, will be held this evening at 4.30 pm. The five-member Collegium, comprising Chief Justice of India (CJI) Dipak Misra and justices J Chelameswar, Ranjan Gogoi, Madan B Lokur, and Kurian Joseph, will discuss threadbare the note sent to the CJI by Law Minister Ravi Shankar Prasad while returning the file related to the recommendation for Justice Joseph’s elevation.