SC collegium will send back Joseph name for elevation

‘UNANIMOUS’ Other elevation recommendations likely to be made

NEW DELHI: The Supreme Court collegium on Friday decided to back Uttarakhand high court Chief Justice KM Joseph for elevation to the top court despite the government spurning his nomination last month. The move is certain to further strain the already frayed relationship between the executive and the top judiciary.

The five senior-most judges of the Supreme Court who comprise the collegium — Chief Justice of India (CJI) Dipak Misra, and Justices Jasti Chelameswar, R Gogoi, MB Lokur and Kurian Joseph — said that they had “on principle, unanimously agreed that the recommendation for appointment of Justice KM Joseph as a judge of the Supreme Court should be reiterated”.

The collegium chose not to send Justice Joseph’s name to the government immediately, noting in their resolution that “the said reiteration should also be accompanied by the recommendation of the names of Chief Justices of high courts for elevation as judges of the Supreme Court, for which detailed discussion is required”.

The collegium, which decides on appointments to the higher judiciary, also considered the names of three judges from Cal- cutta, Rajasthan, and Telangana & Andhra Pradesh high courts, who are currently chief justices of other high courts, for elevation to the SC.

The collegium met two days after justice Chelameswar wrote a letter to the CJI asking him to convene a meeting so that it could reiterate its recommendation that justice Joseph be elevated to the Supreme Court .

With the collegium clearing his name, it will be difficult for the government to say no a second time, although it can take as much time as it wants before it decides on this.

The collegium has done the right thing by deciding to reiterate justice Joseph’s name for elevation to the apex court, senior advocate KTS Tulsi said.

“The recommendation is now a binding on the government. The ball is now in the government’s court and it depends on them whether they want to intensify the standoff between the judiciary and legislature. It is for them to decide,” he added.