SC collegium to meet today to discuss KM Joseph elevation

New Delhi: The Supreme Court collegium headed by the Chief Justice of India Dipak Misra will meet on Friday to reconsider the Centre’s stand not to elevate the Chief Justice of Uttarakhand High Court KM Joseph as a judge of the apex court.

The meeting comes in the wake of a letter written by Justice J Chelameswar urging the CJI to take a call urgently to discuss the Justice Joseph issue. 

Last week the collegium, which also includes Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph deferred its decision after briefly discussing wide range of issues and it remained inconclusive. The adjourned meeting is to take place on Friday to re-consider the case of Justice KM Joseph, in the context of letters written by Law Minister Ravi Shankar Prasad on April 26 and 30.

Also Read: Collegium must reiterate stand to elevate KM Joseph: Justice Chelameswar to CJI

The collegium is also likely to consider the names of Judges from Calcutta, Rajasthan, and Telangana and 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 on the same time on January 10 this year. Malhotra was sworn in as a judge of the apex court on April 27.

While seeking reconsideration of Justice Joseph’s elevation, Prasad wanted adequate representation for minorities and other High Courts, which are not represented. 

Under the Memorandum of Procedure on appointment of Judges which is existing now, 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.

At present, the strength of judges in the Supreme Court is 24 with seven vacancies.

It is likely that in Friday’s meeting, recommendation will be made to fill remaining vacancies with fair representation to High Courts, which are not represented.