The Supreme Court collegium has stood by its previous recommendation to elevate Allahabad High Court Chief Justice Chandramauli Kumar Prasad as a judge of the Supreme Court. The collegium, comprising Chief Justice K G Balakrishnan and Justices S H Kapadia, Tarun Chatterjee, Altamas Kabir and R V Raveendran, has sent Justice Prasad's file back to the Law Ministry to process the recommendation.
The collegium had recommended the elevation of Justice Prasad and then Bombay High Court Chief Justice, Justice Swatanter Kumar to the Supreme Court in December. Justice Kumar was sworn in as a judge of the Supreme Court on December 18. However, the government had returned Justice Prasad's file after President Pratibha Patil questioned his eligibility on grounds of seniority. The Ministry also asked the collegium to investigate certain charges that had been brought against him. It was subsequently found that the allegations were baseless, and therefore the collegium reiterated its earlier recommendation to elevate Justice Prasad to the Supreme Court.
As per the Memorandum of Procedure, if the collegium affirms its recommendation and sends back the file, the President is bound to accept it and clear the name for appointment.