Collegium reiterates recommendation to elevate Justice KM Joseph to Supreme Court

14 May, 2018, 00:09 | Author: Roderick Gutierrez
  • Collegium likely to repeat recommendation for Justice KM Joseph to SC…

The Supreme Court collegium headed by the Chief Justice of India Dipak Misra on Friday made a decision to reiterate its earlier recommendation to elevate the Chief Justice of Uttarakhand High Court K.M. Joseph as a Judge of the apex court.

"However, 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", a note put up on the court website after the meeting said.

In its meeting today, it "unanimously agreed" that that the recommendation for appointment of Justice KM Joseph as a Judge of the Supreme Court "should be reiterated".

The Supreme Court collegium on Friday decided unanimously to reiterate Justice KMJoseph's name as a judge of the apex court, weeks after the government asked it to reconsider the nomination.

Chief Justice of India Dipak Misra called a meeting of the collegium - comprising the five senior-most judges of the top court, Friday after Justice Jasti Chelameswar, the second most senior judge, wrote another letter asking for a meeting to reiterate Joseph's name. Until then, Justice Joseph's name will not be sent back to the Centre.

Though Justice Chelameswar, who retires on June 22, wasn't present at the meeting, he backed reiteration of the name.


The executive remains cut up about Justice Joseph having cancelled President's rule imposed by the Centre on the state. Prior to this, another Collegium member, Justice Kurian Joseph had openly backed the recommendation of the Collegium to elevate the Uttarakhand Chief Justice.

It had also questioned his seniority for elevation as a judge of the apex court.

The Central government also flagged the absence of SC/ST judges in the top judiciary.

The controversy over justice Joseph comes amid the unparalleled crisis that has split the apex court into two. However, the Congress later withdrew the petition from the apex court after the chief justice referred it to a Constitution bench. Taking a cue from the May 2 agenda, sources had speculated that the collegium might consider Madras high court CJ Indira Banerjee (parent HC Calcutta), Karnataka high court CJ Dinesh Maheswari (parent HC Rajasthan) and Gujarat high court CJ R Subhash Reddy (parent HC Telangana and AP).

Justice Thomas J. Crabtree, of the Provincial Court of British Columbia, has been appointed as a judge of the Supreme Court of British Columbia in Chilliwack.

However, there would be no time frame for the government to implement the collegium's recommendation, the experts reportedly said.

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