Judiciary-Govt set for showdown: Centre sends back KM Joseph’s name for elevation as SC judge

In what can be seen as another massive showdown with the apex court, the government, it is learnt, has decided to send back the name of Uttarakhand Chief Justice KM Joseph, one of the two names recommended by the five-judge Collegium for elevation to the Supreme Court.

Law Ministry apparently has cited 'precedent' while explaining the government's decision. Government sources termed the reports hinting KM Joseph's name was being returned because of the Uttarakhand judgment as regrettable.

Sources said the government has cited "seniority, merit and fair representation" as reason behind their move.

If Collegium sends the file recommending Justice Joseph's elevation to the government again, the latter would have no other option but to accept.

Justice K M Joseph had struck down the Centre's order to impose President's rule in Uttarakhand in 2016.

Justice KM Joseph and senior lawyer Indu Malhotra's names were proposed by the five-judge Collegium, headed by Chief Justice of India Dipak Misra on January 10. Government on Wednesday had cleared Indu Malhotra's appointment and a Presidential warrant was issued immediately. Indu Malhotra will take oath of office on Friday at the Rashtrapati Bhavan.

Moments after the news came that government would send back KM Joseph's name, Congress leader addressed a press conference and questioned government's intent.

"If they don't like you, they will not appoint you," Kapil Sibal said.

On Wednesday, senior Congress leader P Chidambaram raised questions over the Centre holding back Uttarakhand High Court Chief Justice KM Joseph's elevation to Supreme Court.

"What is holding up Justice K M Joseph's appointment? His State or his religion or his judgement in the Uttarakhand case?" Chidambaram tweeted.

(Developing story)

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Chidambaram on Justice Joseph: Religion or rulings, what holds Modi govt back from elevating him?