Collegium

The name cleared was that of Indu Malhotra, a senior advocate who, when she is sworn in on Friday, will become the first woman to be directly appointed to the Supreme Court from the Bar. A number of Supreme Court lawyers urged the top court to put on hold Malhotra’s appointment and direct the government to clear Joseph’s name — a request that was rejected by a bench led by the Chief Justice Misra.

The bench said the government is within its right to send back a name for reconsideration. “We (the Supreme Court collegium) will deal with it in accordance with Supreme Court judgments and constitution,” said the court. “Supposing the government is sending it for reconsideration, it will be seen. You are saying ‘stay the warrant’ (of Malhotra’s appointment). It is unthinkable, unconscionable, unimaginable, and if I may add ‘never heard before’,” said Misra.

The petition, filed by senior lawyer Indira Jaising, said the appointments have now become a matter concerning the “independence of judiciary”.

Jaising told the court that the government is stalling Justice Joseph’s appointment as a judge of the Supreme Court because as Chief Justice of Uttarakhand High Court he had quashed imposition of President’s rule in Uttrakhand.

On Thursday morning, the Congress party accused Prime Minister Narendra Modi of “suffocating” the judiciary. “Indian judiciary is in danger. And if our judiciary is not united to protect its independence then democracy is in danger.... they want to pack high courts with their own people,” senior Congress leader Kapil Sibal said at a press conference. The judiciary is under the “most vicious attack ever” and totalitarianism will stump democracy if the nation does not rise now, Congress communications in-charge Randeep Surjewala alleged in a Twitter post.

“PM Modi’s ‘revenge politics’ qua judiciary and ‘conspiratorial suffocation’ of Supreme Court exposed again,” Surjewala wrote said on Twitter. “Yet Modi Government refuses to clear his elevation to SC as retribution for quashing presidential rule in Uttarakhand?”.

The law minister rejected the opposition party’s allegation. “The Congress party has no moral authority or stand to ask questions about dignity of the judiciary from us. The whole record of Congress party is littered with repeated instances as to how the judiciary of India was supposed to be compromised,” Prasad told news agency ANI.