Tiff between Centre & judiciary worsens

The judiciary and the Centre is all set for fresh round of confrontation. This time over the government asking the collegium (comprising of Chief Justice and four senior-most judges) to reconsider its recommendation to appoint Uttarakhand High Court Chief Justice K M Joseph to the Supreme Court saying the "elevation may not be appropriate".

Worse, the rejection came after the Centre sat on the proposal for three months inviting criticism from four senior-most judges in the collegium who wrote to the CJI to act, lest it is not seen as a sign of the judiciary succumbing to the pressures of the executive.

The Centre's long indecision and ultimate rejection of Joseph's candidature is widely seen as "revengeful" as he had in April 2016 quashed the president's rule in Uttarakhand in 2016 and allowed Congress to come back to power.

But Law Minister Ravi Shankar Prasad in a letter to Chief Justice Dipak Misra maintained that Justice Joseph's name was not cleared being "in violation of SC's parameters on seniority and merit".

It also said Kerala, from where he hailed was adequately represented in SC. The Collegium now has the option to reiterate his name after which the government will be forced to issue a warrant of appointment.

"The proposed appointment of Justice K M joseph as a judge of the SC does not appear to be appropriate. It would also not be fair and justified to other more senior, suitable and deserving Chief Justices and senior judges of various HCs. Segregation of names have also been done earlier in the interest of expeditious action on appointments and filling up of vacancies", it said.

"Kerala has received adequate representation in SC (Justice Kurian Joseph already there) and as Chief Justicess of HCs. At this stage, elevation of one more judge from the state does not appear to be justified", the letter added.

The government's decision against Justice Joseph's elevation evoked sharp reactions with the Supreme Court Bar Association terming it as "disturbing" and the main opposition party, Congress, asserting that the independence of the judiciary is in danger and asking if it would now speak in one voice that "enough is enough".

"Indu Malhotra is a fine lawyer and she will prove to be a great judge. I have huge reservation at the attitude of the government. There is no way by which they should not have cleared Justice KM Joseph's name", Senior Advocate and SCBA President Vikas Singh said.

Meanwhile, there was high drama when some lawyers led by Indira Jaising rushed to the courtroom of Chief Justice at 2PM with a petition carrying signs of 100 lawyers against government's decision to segregate the proposals that is, okaying Malhotra's while rejecting Justice Joseph's. They wanted the CJI-led bench to stay the warrant of appointment of Malhotra.

Rejecting the plea, CJI Misra said "lawyers filing a petition to seek staying of appointment of a member of the bar is unimaginable, unthinkable, inconceivable and to say the least never heard of".

The CJI said government is within its right to send back a name for reconsideration and when such a reference comes 'we (Collegium) will deal with it in accordance with SC judgments and Constitution.'

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Watch: Judicial appointment row: Justice Joseph not fit to be CJI?