Collegium defers its decision on Justice Joseph

New Delhi: The Supreme Court collegium headed by Chief Justice of India Dipak Misra on Wednesday deferred its decision on elevation of Uttarakhand high court Chief Justice K.M. Joseph as a Judge of the apex court. No date has been fixed for the next date of meeting which could be held only in July when court re-opens after summer vacation.

The present collegium includes Justices J. Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph. With Justice Chelameswar retiring on June 22 and Thursday being his last working day, the meeting can be held after the induction of Justice A.K. Sikri soon after the retirement of Justice Chelameswar.     

At its meeting last week on May 11, the collegium decided in principle to reiterate the recommendation in respect of Justice Joseph but to take a final call on Wednesday. It was adjourned on the grounds that some more time was needed to finalise names of other judges so that the remaining seven vacancies could be filled up.

Till 9 pm, the resolution of Wednesday’s meeting has not been uploaded in the Supreme Court website. Highly-placed sources said at the nearly two-hour meeting, though there was consensus and unanimity to reiterate Justice Joseph’s elevation, there was no consensus in respect of other names, viz the Chief Justices of Madras, Gujarat, Karnataka and few other high courts. As a result, the collegium deferred its decision, sources added.  

On April 26, Union law minister Ravi Shankar Prasad had announced that the government had cleared the elevation of advocate Ms Indu Malhotra and put on hold Justice Joseph’s elevation. Both the proposals were sent on January 10 this year. Ms Malhotra 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 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.