The Supreme Court Collegium meeting of Friday (May 11) threw up a solution of sorts, almost exactly as India Legal had predicted. The formula is that it is likely to allow Uttarakhand Chief Justice K M Joseph an entry into the Supreme Court only as a junior, leaving him little or no chance to enter the Collegium in the future, leave alone ever becoming Chief Justice.

It is a sort of compromise with the executive that the judiciary has worked out, it seems.

The Collegium resolution, according to sources, said that Justice Joseph’s name will not be the only one to be sent back to the Ministry of Justice which had sent back Justice Joseph’s name with a rejoinder as to how a judge who is 11th on the seniority list can be chosen before others. In the new list – the names of other judges are yet to be finalised, and the Collegium is expected to meet again for this on May 16 – Joseph will probably be low as per seniority.

It all harks back to the non-appointment of Justice K M Joseph, Chief Justice of the Uttarakhand High Court to the Supreme Court bench as the Collegium had recommended. The Department of Justice had sent his name back, saying if there were more senior judges in waiting, why Joseph in particular? The executive remains cut up about Justice Joseph having cancelled President’s rule imposed by the Centre on the state.

Please read the full order of the Collegium here.

—India Legal Bureau