SC Collegium again backs Justice Joseph's appointment as SC judge; updates

The Modi government's decision to return the SC Collegium's recommendation to elevate Justice Joseph has led to another Centre-Judiciary face-off. Here is all you need to know about the controversy

The Supreme Court Collegium today unanimously agreed in principle to reiterate the recommendation for the elevation of Uttarakhand High Court Chief Justice K M Joseph as a judge of the apex court, after his name was returned by the Centre.

The five-member Collegium, comprising Chief Justice of India Dipak Misra and Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph, after hour-long deliberation decided that Justice Joseph's name should be accompanied with the recommendation of the names of Chief Justices of High Courts for elevation as judges of the Supreme Court.

The Collegium, in a resolution, said there was a need for further discussion on the issue of sending other names to the Centre and deferred its meeting till May 16.

"The Chief Justice and other members of the Collegium have, on principle, unanimously agreed that the recommendation for appointment of Justice K M Joseph, Chief Justice, Uttarakhand High Court [Parent High Court: Kerala] as a Judge of the Supreme Court should be reiterated.

"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," the resolution said.

"In view of the aforesaid, the meeting stands deferred for being held at 4.15 PM on Wednesday, May 16, 2018," it said.

The senior-most judge to the apex court J Chelameswar had on Wednesday written to Chief Justice of India Deepak Misra, asking him to convene the Collegium's meeting to urgently forward Justice Joseph's name to the Centre.

The government had on April 26 returned the Collegium's recommendation to elevate Justice Joseph and sought a reconsideration. It was believed that the government was standing in the way of Justice Joseph's elevation because he had earlier ruled against the imposition of the President's rule in Uttarakhand. However, Law Minister Ravi Shankar Prasad later denied this charge.

All the members of the collegium comprising Chief Justice Dipak Misra and Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph participated in the deliberation.

The senior-most judge to the apex court J Chelameswar had on Wednesday written to Chief Justice of India Deepak Misra, asking him to convene the Collegium's meeting to urgently forward Justice Joseph's name to the Centre.

The government had on April 26 returned the Collegium's recommendation to elevate Justice Joseph and sought a reconsideration.

It was believed that the government was standing in the way of Justice Joseph's elevation because he had earlier ruled against the imposition of the President's rule in Uttarakhand. However, Law Minister Ravi Shankar Prasad later denied this charge.

Here is all that you need to know about the controversy, which has led to another Centre-Judiciary face-off:

SC collegium meet: Two days after three senior judges met Chief Justice of India Dipak Misra, the Supreme Court Collegium met at 1 pm on Friday to reconsider its recommendation to elevate Justice Joseph.

Justice Chelameswar's letter to CJI: Justice J Chelameswar had on Wednesday written a letter to the Chief justice of India asking him to convene a meeting of the Collegium to urgently forward to the Centre the name of Uttarakhand Chief Justice K M Joseph as the judge of the apex court.

An apex court official said, in his letter sent to the CJI late Wednesday evening, Justice Chelameswar conveyed that he was reiterating his decision for the elevation of Justice Joseph as the judge of the top court since there was no change in the circumstances that led the Collegium to recommend his name to the government on January 10.

The controversy: The government had on April 26 returned the Collegium's recommendation to elevate Justice Joseph, saying the proposal was not in accordance with the top court's parameters and there was adequate representation of Kerala in the higher judiciary from where he hails.

The Opposition alleged that the Centre's decision to return the recommendation to elevate Justice Joseph came due to his judgement against the imposition of President's Rule in Uttarakhand.

Justice Joseph had headed the Bench that had quashed the Modi government's decision to impose President's Rule in 2016 when the Congress was in power in the hill state.

What happens if the Collegium repeats its recommendation to elevate Justice Joseph?

In case the collegium decides to stick to its earlier recommendation to elevate Justice K M Joseph, the government will be bound to appoint him as a Supreme Court judge.

According to legal experts, the government has to follow the guidelines laid down by the apex court in its 1993 and 1998 judgements, referred to as the second and third judges case, relating to the appointment of judges to the higher judiciary.

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

Congress' stand: Calling the government's move 'revenge politics', Congress has alleged that the Centre is "appointing judges only of its own choice".

The party also said the independence of judiciary is in "danger" and if it does not protect its autonomy in one voice, "then democracy will be in danger."

Government's reasons: The central government while returning the recommendation for reconsideration had said that Justice Joseph stood at number 42 in seniority among High Court judges and there were 11 Chief Justices of different High Courts who were senior to him -- a clear suggestion that his elevation to the Supreme Court would be at their expense.

In a detailed note to CJI Misra, the government had said that the proposal to reconsider Justice Joseph's name had the approval of President Ram Nath Kovind and Prime Minister Narendra Modi.

The Centre has also said that the proposal was not in accordance with the top court's parameters and there was adequate representation of Kerala in the higher judiciary from where he hails. His seniority was also questioned by the Centre.

While sending back the recommendation for reconsideration, the government flagged the non-representation of SC/STs in the top court judges.

Govt's response to 'revenge' allegations: Law Minister Ravi Shankar Prasad has said that the government's decision to return the file of Justice Joseph had "nothing to do with his order quashing the President's Rule in Uttarakhand".

"I wish to deny with all authority at my command it has nothing to do with it (Justice Joseph's decision) at all for two obvious reasons. Firstly, a proper (BJP-led) government with nearly three-fourths majority has been elected in Uttarakhand. Secondly, that order was confirmed by Justice (J S) Khehar of the Supreme Court," the minister had said in response to a media query.

Justice Joseph's career, in brief: Justice Joseph, who will turn 60 this June, has been the Chief Justice of the Uttarakhand High Court since July 2014. He was appointed as a Permanent Judge of the Kerala High Court on October 14, 2004, and had assumed charge of the Uttarakhand High Court on July 31, 2014.

                                                                                                                                                                       With agency inputs