The Indian Express has learnt that the decision to send back the names to the Collegium headed by Chief Justice of India Ranjan Gogoi for reconsideration is likely to be on the grounds of regional representation and seniority.The names of two judges pending before the government for elevation to the Supreme Court are set to be sent back for reconsideration by the Collegium of the apex court.
Highly placed government sources said that the government is “actively considering” getting the Collegium to reconsider their April 12 recommendation of elevating Chief Justice of Jharkhand High Court Aniruddha Bose and Chief Justice of Gauhati High Court A S Bopanna as judges of the Supreme Court.
The Indian Express has learnt that the decision to send back the names to the Collegium headed by Chief Justice of India Ranjan Gogoi for reconsideration is likely to be on the grounds of regional representation and seniority.
At present, Justice Bose, whose parent high court is Calcutta High Court, when recommended, stood at serial number 12 in the combined seniority of High Court judges on all-India basis. And Justice Bopanna, whose parent high court is Karnataka High Court, when recommended stood at serial number 36.
Also, currently at the Supreme Court, there are two judges whose parent high court is Karnataka High Court —- Justices Mohan M Shantanagoudar and S Abdul Nazeer; and one judge whose parent high court is Calcutta High Court —- Justice Indira Banerjee.
Last year, the stand-off between the government and the judiciary on appointments in the Supreme Court had taken place over the issue of seniority and regional representation. In April last year, the central government, sending back the recommendation to elevate Justice K M Joseph, in the first instance, had cited Justice Joseph’s standing in the all-India seniority list of High Court judges, adequate representation for the Kerala High Court —- which is his parent High Court —- in the Supreme Court, and lack of representation of some other High Courts. The government had also cited there was no representation of SC/STs in the Supreme Court for long.
In the present case, however, the SC collegium, recommending the elevation of Justices Bose and Bopanna, had said it had “kept in mind the desirability of giving due representation on the Bench of the Supreme Court, as far as possible, to all the High Courts”.
“While recommending the names of Mr Justices Aniruddha Bose and A S Bopanna, the Collegium has taken into consideration, apart from their merit and integrity, combined seniority on all-India basis of Chief Justices and senior puisne Judges of High Courts. The Collegium has also kept in mind the desirability of giving due representation on the Bench of the Supreme Court, as far as possible, to all the High Courts,” the collegium recommendation said.
Against the sanctioned strength of 31 judges, the Supreme Court of India is presently functioning with 27 judges, leaving four clear vacancies.
