Breaking: Collegium will reiterate elevation of Justice KM Joseph to SC (but with other Chief Justices)

Murali Krishnan May 11 2018
KM Joseph

The Supreme Court Collegium today unanimously agreed, on principle, that the recommendation for appointment of Chief Justice of Uttarakhand High Court, Justice KM Joseph, as a Judge of the Supreme Court should be reiterated.

However, the Collegium also resolved that the said reiteration should be accompanied by the recommendation of the names of Chief Justices of High Courts for elevation as Judges of the Supreme Court, for which detailed discussion is required.

Hence, the meeting was deferred for May 16.

The Collegium had earlier met on May 2 last week for considering Justice Joseph’s elevation, but had deferred the same.

The Collegium had first recommended the name of Justice KM Joseph for elevation to the Supreme Court along with the name of Justice Indu Malhotra, on January 10 this year.

After more than three months, the Centre cleared the file of Indu Malhotra and notified her appointment to the Supreme Court on April 26.

However, it refused to clear Justice Joseph’s file, sending it back to the Collegium with a 6-page explanatory note on why it did not want him to be elevated to the Supreme Court.

This decision had led to a huge outcry, with many in the legal fraternity alleging that this was payback by the Centre for the judgment authored by Justice Joseph, striking down Presidential rule in the State of Uttarakhand High Court.

Some lawyers had even mentioned the matter before CJI Dipak Misra and demanded that there should be a stay on the warrant of appointment of Indu Malhotra till the file of Justice Joseph is cleared.

A petition also came to be filed in the Supreme Court by former district judge GD Inamdar praying that the Centre’s rejection of Justice Joseph’s appointment be set aside.

Read the resolution below. 

Collegium Resolution