Collegium reiterates proposal to elevate Justices AS Bopanna, Aniruddha Bose to Supreme Court [Read Resolution]

Bar & Bench May 9 2019
Aniruddha bose as bopanna

The Supreme Court Collegium has reiterated its proposal to recommended Justices Aniruddha Bose and AS Bopanna to the Supreme Court.

A Collegium Resolution to this effect was passed yesterday following the Central Government's move to return their files after they were recommended for elevation last month. This Resolution states,

"... the Collegium resolves to reiterate the afore-mentioned recommendation dated 12th April, 2019, especially since nothing adverse regarding competence, conduct or integrity of Mr. Justices (1) Aniruddha Bose, and (2) A.S. Bopanna, has been pointed out."

Justice Bose stands at number 12 in the combined seniority list of all-India High Court judges, while Justice Bopanna stands at number 36. On April 12, both judges were recommended by the Collegium for elevation to the Supreme Court after considering factors such as merit, seniority, as well as regional representation on the Supreme Court Bench.

However, the Centre had rejected the recommendation to elevate Justices Bose and Bopanna, stating that it would go against the principle of regional representation. The parent high courts of the two judges – the High Courts of Calcutta and Karnataka – are already adequately represented in the Supreme Court, the Centre reportedly said.

In response, the Collegium has opined in yesterday's Resolution that,

"... as laid down by the Supreme Court in its Opinion in Re: Special Reference No.1 of 1998 reported in (1998) 7 SCC 739, though inter-se seniority amongst Judges in their High Courts and their combined seniority on all-India basis should be given due weightage, merit should be the predominant consideration. The Collegium accordingly kept in mind these parameters while recommending the above two names."

Accordingly, the Collegium has reiterated its proposal to elevate the two judges to the Supreme Court Bench.

Read the Collegium Resolution:

2019-May 08-SC Apptt.-Reconsideration


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