Above: (Left) CJI Dipak Misra and Justice K M Joseph

Despite the various schisms in the Supreme Court, Chief Justice of India (CJI) Dipak Misra is likely to meet the other four collegium members on May 2. It is believed that they will consider the government’s decision to return the name of Justice KM Joseph, chief justice of the Uttarakhand High Court, for elevation to the Supreme Court.

This sign of unity in the collegium comes after a week of various experts and former CJIs urging CJI Misra to immediately call a meeting over this issue and preserve the independence of the judiciary.

Justice Joseph’s name had been held up by the government for some three months—he had quashed the imposition of President’s Rule in Uttarakhand.

Former chief justices RM Lodha and TS Thakur had said the chief justice should immediately call a meeting of the collegium and take up the matter. Former CJI Lodha had stressed that “the Chief Justice cannot sit over the file either, indefinitely, as can’t the government”.

Former CJI Thakur said the centre’s decision to turn down the recommendation to appoint Justice Joseph to the Supreme Court could not only strike at the heart of judicial independence but lower the trust of people in the judicial system.

Prof Upendra Baxi, an international law scholar and an acclaimed teacher, told India Legal: “As per procedure, the collegium has to meet. May 2 is probably the earliest time it can. I will be very happy if it reiterates the stand it has taken over Justice Joseph. That will bring a happy end to this situation.”

Justice AP Shah, former chief justice of the Delhi High Court and chairman, Law Commission, told India Legal: “The original recommendation of the collegium regarding the appointment of Justice Joseph was unambiguous. Justice Joseph, as the collegium had told the government, is the most suitable of all chief justices of high courts to be elevated to the Supreme Court. I hope that the chief justice and other brother judges in the collegium firmly stand by their original recommendation and immediately send the proposal for his appointment back to the government.

“This matter is no longer about the appointment of just one judge but about the larger issue of the independence of the judiciary and of the collegium firmly telling the government that it will not tolerate the Executive’s interference in appointment of judges or functioning of courts. The Collegium cannot afford to drag this matter on.”

Justice Narendra Chapalgaonkar, a former judge of the Bombay High Court, said that after the CJI has referred the name of a judge to the government, it can send it back for reconsideration, but if the collegium again sends it back, the centre has to consider it. “Otherwise,  it is a breach of constitutional tradition.” he said.

Another issue, he said, was of the CJI being the master of the roster. “He can consult other judges who are not part of the collegium to know details of various benches and cases if he deems so. The CJI cannot always be disbelieved.”

Meanwhile, senior advocate Indu Malhotra was sworn in as a Supreme Court judge on April 27. With her induction, the number of judges in the top court is now 25.

—India Legal Bureau