The Centre would do well to gracefully accept the reiteration by the Supreme Court collegium and appoint Justice K.M. Joseph to the highest court. His name is being sent again after the Centre dragged its feet on the grounds that the judge in question was not senior enough. Further, the government tried to introduce a bit of compulsion about affirmative action towards finding a better mix of minorities in the apex court and representation for different high courts in the apex court. However, the arguments appeared laboured and aimed at delaying the elevation. It might have made sense had there been any concern over national security regarding the appointment. It did appear then that the only reason the particular collegium recommendation was not accepted when the elevation of the woman judge that came along with it was approved was because the executive was worked up over extraneous considerations of the makeup of the mix of SC judges.
The question of the right to make the appointments was settled when the top court shot down the National Judicial Appointments Commission. The judges asserted the right to go with the collegium method of appointing judges to the highest courts, however incongruous it appeared that a committee of judges alone would appoint judges. But once the argument was lost, it only appears logical the executive leaves appointments to the collegium provided background checks do not disclose anything alarming. With another woman being elevated to the SC to make it three now, the gender mix has been addressed well.
