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2 Aug 2018 11:00am

Govt plans to clear two names for elevation to SC, but may delay Justice Joseph’s appointment

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According to an anonymous top government functionary, the government is planning to clear two names for the appointment to the Supreme Court in the coming week, but will likely delay Justice KM Joseph’s appointment to the top court, reports the Hindustan Times.  

As per the report, the names of two High Court Chief Justices, Indira Banerjee and Vineet Saran, recommended by the SC Collegium may be cleared by the government.

The report further says that another government functionary, while confirming the development, said the law ministry had already moved the file of the two judges for final clearance to the Prime Minister’s Office.

Story so far:

The SC Collegium has first recommended Justice Joseph’s name for elevation to the top court in January, this year. However, the Law minister Ravi Shankar Prasad wrote to CJI Dipak Misra in April asking for reconsideration of the decision to elevate Justice Joseph.

The law minister had sent back Justice Joseph’s name, saying that he was at No. 42 in the all India seniority list of HC judges and there was already a judge appointed to the SC from Joseph’s Parent High Court (Kerala). And so, “It would also not be fair and justified to other more senior, suitable and deserving Chief Justices and senior judges of various high courts if Joseph’s name goes through,” the Law Minister said at that time.

The Collegium, on July 16, reiterated its decision to elevate Justice Joseph to SC.

The SC and the government have been at loggerheads over appointments ever since the top court struck down the National Judicial Appointments Commission (NJAC) bill in 2015 – that said NJAC would be making all the appointments to the higher judiciary. 


Tagged: Justice KM Joseph Law Minister Ravi Shankar Prasad Supreme Court Appointments SC Collegium High Court
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