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SC collegium agrees to reiterate Justice KM Joseph's elevation to apex court

14 May 2018, 12:10 | Myrtle Vega

Collegium reiterates recommendation to elevate Justice KM Joseph to Supreme Court

Collegium likely to repeat recommendation for Justice KM Joseph to SC…

The Supreme Court Collegium at its meeting on Friday, May 11, agreed to reiterate its recommendation for appointment of Justice KM Joseph as a Supreme Court judge, along with names of some other High Court chief justices.

The Collegium, in a resolution, said there was need for further discussion on the issue of sending the other names to the Centre and made a decision to meet again on May 16.

An important meeting of the Supreme Court collegium was held on Friday to discuss the issue the reiteration of Justice Joseph for elevation to the apex court following the rejection from the Centre.

Two weeks after the Modi government, sitting on the recommendation for almost four months, sought reconsideration of Joseph's name saying it was in "violation of SC's parameters on seniority and merit", the collegium "in principle" unanimously agreed to reiterate his name for elevation.

The government had returned Justice Joseph's name, while approving designated senior advocate Indu Malhotra's elevation, prompting commentators to accuse the government of vindictiveness.

The parent High Court of Justice Joseph is Kerala High Court.

On 2 May, when the collegium met to discuss the matter, it had to defer its decision due to a "lack of unanimity".

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The three prevailed over Justices Chelameswar and Kurian Joseph and asserted that the serious issue of nonrepresentation of several HCs in the SC should be considered as it was incongruous with the two Constitution bench judgments in 1993 and 1998 which created the collegium system. During his tenure as chief judge, the court undertook a number of measures to improve accessibility to the court and the effectiveness of court procedures.

Rejecting the recommendation, Prasad wrote, "The appointment of Justice K M Joseph as an SC judge does not appear to be appropriate".

The reiteration of Justice Joseph's candidature can now be sent to the government earliest by May 16, provided the collegium can agree on all the fresh recommendations on that day, or later.

Justice Chelameshwar alleged that the administration of the Supreme Court was not in order.The judges claimed to have a written a letter to justice Mishra for which they had not received a reply.

The constitutes CJI Dipak Misra, Justice Ranjan Gogoi, Justice M B Lokur and Justice Kurian Joseph.

In a detailed note to chief justice of India justice Dipak Mishra, the government said that the proposal to reconsider justice Joseph's name had the approval of president Ram Nath Kovind and prime minister Narendra Modi.



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