Reconsider Justice Joseph’s name: Govt
‘JUDICIARY IN DANGER’ Cong accuses government of indulging in ‘revenge politics’ by refusing to clear Justice Joseph’s name
NEW DELHI: The National Democratic Alliance (NDA) government on Thursday asked the Supreme Court collegium to reconsider its recommendation that Uttarakhand chief justice KM Joseph be elevated to the top court, triggering accusations by political rivals and a section of the legal fraternity that it is undermining the independence of the judiciary.
It is also the latest potential flashpoint between the executive and the apex court.
Judges to the Supreme Court are appointed by a panel of the court’s top five judges who make up the collegium, which on Thursday received an explanation from the government over why Joseph should not be elevated. The collegium now has the option to reiterate its choice or scrap the recommendation.
“The proposed appointment of justice KM Joseph at this stage does not appear to be appropriate. It would also not be fair and justified to other more senior, suitable, and deserving Chief Justice and senior judges of various high courts,” said law minister Ravi Shankar Prasad in a letter to Chief Justice Dipak Misra. The letter said the “proposal” that the collegium reconsider Joseph’s name had the President and Prime Minister’s approval. In proposing the name of Justice Joseph, the government said, the collegium had not followed the principle of seniority.
NEWDELHI: A war of words erupted between the Bharatiya Janata Party (BJP)-led government and the opposition Congress on Thursday over the Centre’s move to return to the Supreme Court collegium its recommendation to elevate Uttarakhand chief justice KM Joseph to the top court.
The main opposition party claimed that the independence of the judiciary “is in danger” while the BJP alleged that the Congress’ record of giving “unfair and unconstitutional treatment” to the judiciary is well known.
“Indian judiciary is in danger. And if our judiciary is not united to protect its independence then democracy is in danger .... they (BJP) want to pack high courts with their own people,” senior Congress leader Kapil Sibal said.
He claimed that there were 410 vacancies of judges across the country out of a total approved strength of 1,079. “We want to know as to who will stand for judicial independence? Will the judiciary speak in one voice and say enough is enough?” asked Sibal.
Earlier in the day, Congress’ chief spokesperson Randeep Singh Surjewala attacked Prime Minister Narendra Modi, accusing him of indulging in “revenge politics by refusing” to clear the elevation of Joseph, who he claimed was the country’s most senior chief justice, to the SC.
“...Modi government refuses to clear his elevation to the Supreme Court as retribution for quashing presidential rule in Uttarakhand,” he tweeted. “Modi government is a habitual offender of trashing judicial integrity and constitutional supremacy of institutions. In June 2014, they refused to clear noted jurist G Subramaniam’s name for elevation to the Supreme Court as he was a lawyer against Amit Shah & Co.”
Surjewala alleged that Modi had “shredded parliamentary privileges and supremacy”. “He (PM) road-rolled independent media, democracy’s last refuge judiciary is now under most vicious attack ever. If the nation doesn’t rise in unison now, totalitarianism will stump democracy.”
Surjewala’s party colleague and former finance minister P Chidambaram said the recommendation of the collegium is final and binding in the appointment of judges as per the existing law. “Is the Modi government above the law? What is holding up Justice KM Joseph’s appointment? His State or his religion or his judgement in the Uttarakhand case,” he asked.
But the government dismissed the allegations and attacked the Congress. “The record of Congress is littered with repeated instance of superseding judges whom they found inconvenient. The legendary judge HR Khanna who gave the dissenting judgement and upheld freedom of Indians during Emergency was denied the CJI post even for two months and was superseded with his junior,” law minister Ravi Shankar Prasad said.
“The provocation for imposition of emergency was the judgment of Allahabad high court. This government is led by Narendra Modi, Rajnath Singh, Arun Jaitley, Sushma Swaraj, Ravi Shankar Prasad and many others who fought against the Emergency and suffered for fighting for individual, media and judicial freedom,” he said.
A senior government functionary, familiar with the development, said the collegium is not a creation of the Constitution and this proposal of reconsideration is approved by the Prime Minister and the President.
“Government has the right to seek reconsideration. Seniority principle can be broken if the states are not adequately represented. Right to seek reconsideration of a referendum of collegium is given by collegium itself and the government can do it,” he said.
The whole record of the Congress party is littered with instances of superseding judges who were found to be inconvenient...
RAVI SHANKAR PRASAD, law minister
What is holding up Justice KM Joseph’s appointment? His State or his religion or his judgement in the Uttarakhand case?
P CHIDAMBARAM, Congress leader