Govt’s case against Justice KM Joseph is not convincing

Integrity of Supreme Court is at stake, and CJI Dipak Misra must protect it

The NDA government has segregated and returned for reconsideration of the Supreme Court Collegium the proposed appointment of Justice K M Joseph as judge in the apex court. The government has singled out Justice Joseph from the two recommendations made by the collegium in January after sitting on them for more than three months — the segregation is unusual, as was the delay. As Uttarakhand Chief Justice, KM Joseph had quashed the imposition of President’s Rule by the Centre in 2016, restoring the Congress government in the state.

The ball — the opportunity to defend his institution — is now in CJI Misra’s court. At the very least, the government’s moves, given the questions they raise, need to be considered institutionally, in a meeting of the collegium. So far, CJI Misra appears to have discounted the serious concerns raised by his brother judges in the recent past regarding the executive’s bid to control or dominate the judiciary. In January, four seniormost SC judges held an unprecedented press conference to say that all is not well with the court. By not responding to the anxieties expressed by senior judges, CJI Misra has only strengthened the unfortunate impression that he is not willing to stand up to attempts to subdue the court. The court has a proud legacy of protecting its own dignity and independence. CJI Misra must live up to it. Not just his own legacy, the integrity of the institution he heads is at stake.

The Indian Express, April 27