Justice KM Joseph elevation to Supreme Court faces issues of seniority, state: Centre

While the goverment has approved Indu Malhotra’s appointment, it has asked the SC Collegium to reconsider Joseph’s elevation to the Supreme Court

india Updated: Apr 26, 2018 18:21 IST
The Supreme Court collegium is a body of the five top judges headed by the Chief Justice of India that appoints judges.(Sonu Mehta/HT File Photo)

The government on Thursday asked the Supreme Court collegium to reconsider its recommendation to make K M Joseph, chief justice of Uttarakhand High Court, a judge of the Supreme Court.

“The proposed appointment of justice K M Joseph at this stage does not appear to be appropriate. It would also not be fair and justified to other more senior, suitable, and deserving Chief Justice and senior judges of various high courts,” said a letter law minister Ravi Shankar Prasad sent to Chief Justice of India Dipak Misra on Thursday.

The letter said the “proposal” to reconsider Joseph’s name had the President’s and the Prime Minister’s approval.

The collegium, a body of the five top judges headed by the Chief Justice of India that appoints judges, had on January 10 recommended Joseph and lawyer Indu Malhotra for elevation to the Supreme Court.

On Wednesday, the government approved Malhotra’s appointment but held back a decision on Joseph. The government’s letter this morning said that in proposing the name of Justice Joseph, the collegium had not followed the principle of seniority. “In the all India high court judges seniority list, Justice Joseph is placed at 42. There are presently 11 chief justices who are senior to him,“ the letter said.

Why govt sent back the SC proposal
  • 1) Principle of seniority not observed by the Supreme Court Collegium. In all-India seniority list of high court judges, Justice Joseph is placed at 42. Eleven chief justices of different high courts are senior to Justice Joseph.
  • 2) Justice Joseph’s appointment to SC will take the number of judges in the top court from “Kerala to 2, which is disproportionate for a small state like Kerala”.
  • 3) There is no SC/ST judge in the Supreme Court.
  • 4) Other high courts — like Calcutta, Rajasthan, Gujarat, Jharkhand — are not represented in the Supreme Court.

The government noted that Joseph, if he were to be elevated, would become the second person from Kerala to be a judge in the present Supreme Court after Justice Kurian Joseph. “Elevation of another judge from Kerala high court does not seem justified,” it said.

“High courts of Calcutta, Rajasthan, Gujarat, Chhattisgarh, Jharkhand, Jammu and Kashmir and Uttarakhand and some smaller high courts are not represented in the Supreme Court,” the government said in the letter, a copy of which is with Hindustan Times.

The letter said the President has approved the appointment of Indu Malhotra as a Supreme Court judge.

The Supreme Court on Thursday refused to hold back the appointment of Indu Malhotra because the government has not cleared the name of Justice K M Joseph .

Responding to a request by Supreme Court lawyers who wanted a stay on the warrant of appointment of Indu Malhotra, the bench said the government is within its right to send back a name for reconsideration. When such a reference comes, “we (collegium) will deal with it in accordance with SC judgments and constitution”, the court said.