The government today asked the Supreme Court collegium to reconsider its recommendation for elevating Justice K M Joseph to the apex court, sources said today.
This comes a day after the government cleared the appointment of senior advocate Indu Malhotra as a judge of the Supreme Court and kept in abeyance a decision on Joseph, who heads the Uttarakhand High Court. Both the names were recommended by the collegium earlier this year.
The government's decision of not approving Joseph's name has evoked sharp reactions with the Supreme Court Bar Association President terming it as "disturbing".
In a ruling in 2016, Justice Joseph had cancelled President's rule in Uttarakhand and brought back the Congress government of Harish Rawat to power. The judgement was seen as major set back to the BJP-ruled government at the Centre.
The Congress accused Prime Minister Narendra Modi of indulging in "revenge politics" by "refusing" to clear the elevation of the country's most senior chief justice, K M Joseph, to the Supreme Court.
The judiciary is under the “most vicious attack ever" and totalitarianism will stump democracy if the nation does not rise now, Congress communications in-charge Randeep Surjewala alleged.
The government feels that while recommending the name of Justice Joseph, the collegium has disregarded seniority and regional representation.
He is 42nd in the seniority list of 669 high court judges.
If the government goes ahead with "segregation" of the recommendations --- proceeding with one and keeping on hold the other, Law Minister Ravi Shankar Prasad may write to Chief Justice of India Dipak Misra about its intention.
There is a feeling within the government that the issue cannot be prolonged and a final decision has to be taken.
A previous recommendation of the Supreme Court collegium made in 2016 proposing transfer of Justice Joseph from Uttarakhand to Andhra Pradesh remains on hold with the government.
While recommending the name of Justice Joseph for the top court, the collegium had said that he is "more deserving and suitable in all respects than other chief justices and senior puisne judges of high courts for being appointed as judge of the Supreme Court of India".
The collegium had taken into consideration combined seniority on all-India basis of chief justices and senior puisne judges of high courts, apart from their merit and integrity, the body of top five judges of the Supreme Court had said.
(PTI)