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SC to reiterate name, but later

14 May 2018

According to reports, the Centre had objected saying- Justice Joseph was 42nd in terms of seniority in High Court judges across the country and observed that there were 11 chief justices of different high courts who were senior to justice Joseph.

A divided fivemember collegium led by CJI Dipak Misra put up a united face on Friday and agreed in principle to reiterate its recommendation to appoint Uttarakhand high court Chief Justice K M Joseph as a Supreme Court judge, but decided not to communicate the decision to the government immediately.

The Supreme Court collegium on Friday decided that it would reiterate the elevation of Justice KM Joseph as a judge of India's top court.

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Justice J Chelameswar, the senior-most judge of the apex court, had on May 9 written a letter to the CJI urging him to convene the Collegium meet to urgently forward Justice Joseph's name to the Centre.

On 26 April, the government rejected the collegium's recommendation to elevate Joseph but accepted its recommendation to elevate senior advocate Indu Malhotra as a judge of the apex court. "We have simply asked for reconsideration", he said, adding that the Centre's response is not linked to Justice Joseph being part of the Uttarakhand HC bench in 2016 which ruled against the government.

On 2 May, when the collegium met to discuss the matter, it had to defer its decision due to a "lack of unanimity".

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The reiteration of Justice Joseph's candidature can now be sent to the government earliest by May 16, provided the collegium can agree on all the fresh recommendations on that day, or later.

The three prevailed over Justices Chelameswar and Kurian Joseph and asserted that the serious issue of nonrepresentation of several HCs in the SC should be considered as it was incongruous with the two Constitution bench judgments in 1993 and 1998 which created the collegium system. If the Collegium sends it back a second time, as in the present case, the Centre is bound to accept the recommendation.

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Justice Chelameswar, who retires on June 22, was also understood to have responded to all the points raised in the communication to the CJI by Law Minister Ravi Shankar Prasad expressing reservations on the elevation of Justice Joseph.

SC to reiterate name, but later