Joseph elevation decision deferred by SC collegium

New Delhi: The Supreme Court collegium headed by the Chief Justice of India Dipak Misra on Wednesday deferred its decision to reconsider the Centre’s stand on not elevating the Chief Justice of Uttarakhand High Court as a judge of the apex court.    

The SC website put out a statement “deferred” soon after the meeting of collegium, which also included Justices J. Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph. It is likely there will be another meeting next week.  

The statement said the collegium met to consider the following agenda: “To reconsider the case of Mr Justice K.M. Joseph, Chief Justice, Uttarakhand High Court (parent High Court: Kerala], pursuant to letters dated 26th & 30th April, 2018 received from the 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.”

On April 26, Union law minister Ravi Shankar Prasad had announced that the government had cleared the elevation of advocate Indu Malhotra and put on hold the elevation of Justice Joseph though both the proposals were sent at the same time on January 10. She was sworn in as a judge of the apex court on April 27. While seeking reconsideration of Justice Joseph’s elevation, Mr Prasad wanted adequate representation for minorities and other high courts, which are not represented.   

Under the memorandum of procedure on appointment of judges, once the proposal is returned for reconsideration, and if the collegium reiterates the appointment, the government is bound to accept the same but there is no time limit on such appointment.

Today’s agenda for the collegium clearly states that apart from Justice K.M. Joseph, the other issue discussed in the meeting was adequate representation to the high courts of Calcutta, Rajasthan and AP and Telangana at Hyderabad.