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SC collegium fails to send judges' names

SC collegium fails to send judges' names

"The reiteration (of Justice Joseph) should also 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", the resolution said.

At its last meeting on May 11, the Collegium had agreed in principle to reiterate its recommendation for elevating Justice Joseph as a judge of the apex court, nearly three weeks after it was returned by the Centre. At the May 11 meeting of the collegium, comprising CJI Misra and Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph, it was unanimously chose to reiterate the proposal to elevate Justice K M Joseph.

A source in the apex court said the collegium had initially discussed sending back the file of Justice Joseph first and not wait till the other names are finalised.

The government had on April 26 returned the Collegium's recommendation to elevate Justice Joseph seeking its reconsideration, saying the proposal was not in accordance with the top court's parameters and there was adequate representation of Kerala in the higher judiciary from where he hails. The collegium had earlier chose to consider other names from various high courts for appointment as SC judges and had deferred the deliberations to May 16. Though the decision to reiterate the name was taken, it wasn't sent to the government as most members felt it would be incongruous to send a single name when there were seven SC vacancies.

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However, the general perception is that Justice Joseph had earned the displeasure of the Central government after a bench headed by him had ruled against the imposition of President's rule in Uttarakhand.

The collegium had then once earlier this month deferred its decision on the issue.

The NJAC judgment marked the beginning of Justice Chelameswars journey of dissent which took several shapes later in the form of letter wars with CJIs on the issue of lack of transparency in collegium proceedings and public utterances to the effect.


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