SC collegium defers decision on Justice Joseph
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New Delhi: The Supreme Court collegium on Wednesday deferred its decision on Justice K.M. Joseph whose name for elevation to the top court was returned by the government last week for reconsideration.
The collegium, which met briefly on Wednesday evening, dispersed with an inconclusive note. It has not fixed a date for its next meeting.
The source said judges of the Supreme Court have taken strong exception to the government “circulating” to the media its confidential letter on Justice Joseph and breaching protocol.
If the collegium reiterates its recommendation of Justice Joseph, it would be binding on the government.
The collegium, also comprising Justices J. Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurian Joseph, had unanimously recommended Justice Joseph in a resolution on January 11. The government had recently cleared Indu Malhotra’s name while returning Justice Joseph’s file to the Collegium for re-consideration, though both names were sent together. Justice Malhotra is already functioning as a Supreme Court judge.
Union Law Minister Ravi Shankar Prasad on Wednesday said the government’s objection to Justice Joseph had nothing to do with the judgment he authored in 2016 quashing President’s rule in Uttarakhand and restoring the Congress government in the State.
Mr. Prasad cited several Supreme Court judgements to argue that the government was well within its power to send back any name to the Collegium.
"One thing I would like to observe is the commitment of this government for the independence of the judiciary and respect for the institution of judiciary and the judges is complete and uncompromising," Mr. Prasad said.