SC Collegium defers decision on Justice KM Joseph's elevation, seeks more time

The Supreme Court collegium is meeting to decide on the appointment of Uttarakhand Chief Justice KM Joseph as a judge to the top court

The collegium headed by Chief Justice Dipak Misra was attended by all other four senior judges, namely Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph. The bench said the government is within its rights to send back a name for reconsideration.

The letter pointed out that justice Joseph is 42nd in seniority among the high court judges and many HCs such as Gujarat, Calcutta and Jammu and Kashmir are not represented in the apex court.

In a statement, the apex court said it took note of the letters it received from the Centre on 26 and 30 April.

In addition to Justice Joseph's name, the Collegium also considered names of Judges from Calcutta, Rajasthan, and Telangana and Andhra Pradesh High Courts for elevation as Judges of the Supreme Court, in keeping with the Centre's assertion to have fair representation of all regions in the top court.

"Deferred", said a collegium resolution uploaded on the Supreme Court website.

There was no official word on when the Collegium would meet next.

In the petition sent to the Supreme Court Bar Association, as many as 100 top SC lawyers expressed their 'displeasure and opposition to the Executive action of splitting up/segregating the recommendation of the Supreme Court Collegium'.

Truth Has Stopped Mattering in the Russia Investigation
He was sacked on February 13, 2017 - purportedly because he lied to Vice President Mike Pence about the phone calls. Mueller would accept written answers and might end up issuing a subpoena to President Trump .

Indu Malhotra was sworn in last week.

The government had said that the proposal for his name was not in accordance with the top courts parameters and there was adequate representation of Kerala in the higher judiciary from where he hails.

His seniority was also questioned by the Centre which said "he stands at Sl".

The top court collegium recommending the elevation of Justice Joseph had said: "The collegium considers that at present Justice K.M. Joseph, who hails from Kerala High Court and is now functioning as Chief Justice of Uttarakhand High Court, is more deserving and suitable in all respects than other Chief Justices and senior puisne Judges of High Courts for being appointed as Judges of the Supreme Court of India".

Justice Joseph was in news for passing the verdict quashing the Narendra Modi Government's decision to impose President's rule in the hill State of Uttarakhand in 2016. He was appointed a permanent judge of the Kerala High Court on October 14, 2004 and assumed charge of the Uttarakhand High Court on July 31, 2014.

The present government had, at that time, hived-off Senior Counsel Gopal Subramanium's name, though his name had been recommended by the collegium as well.

This is because clubbing these two in a single resolution could given the Centre the option of perpetually sitting on Joseph's appointment while asking the President to issue warrants to others who are recommended by the collegium.

Related news:

Hot News

isis-killer-beheading-video-story-top The United States pushing Saudi Arabia to war against Iran
May 02, 2018 - 01:36
Khamenei stressed that the United States forces should leave the Middle East as they are the cause of insecurity in the region. The spiritual leader of Iran also accused the U.S. that they are an economic war with his country.

isis-killer-beheading-video-story-top Passenger sues Southwest in relation to engine explosion
May 02, 2018 - 01:35
The National Transportation Security Board is investigating the engine failure, and is still looking for debris from the engine. She was pulled back in, but died at a Philadelphia hospital from blunt trauma to her head, neck and torso, according to CNN.

isis-killer-beheading-video-story-top Armenia protest leader fails in bid to become interim prime minister
May 02, 2018 - 01:33
However, only 45 parliament members voted in his favor, while he needed to receive at least 53 votes to become prime minister. Pashinyan vowed after the election to continue the protests, calling on supporters to block roads on Wednesday.

isis-killer-beheading-video-story-top CervicalCheck controversy - 17 have died
May 02, 2018 - 01:33
Every woman who had has a smear test can have a re-check if they want it, Harris added. "It is life and it is death". He was told that the case followed a 2011 screening test that was falsely reported as negative.

isis-killer-beheading-video-story-top 'Fortnite': Every Season 4 Battle Pass Skin
May 02, 2018 - 01:32
The biggest change to Fortnite Battle Royale gameplay is those Hop Rocks, which really add a new dynamic to combat and building. Alongside skins, emotes and dances are some of the most popular cosmetic items that fans can unlock and show off in the game.

isis-killer-beheading-video-story-top Cardinal George Pell ordered to stand trial on sex abuse charges
May 01, 2018 - 09:26
Pell attended each day of the committal hearing, usually flanked by police officers as he entered the court. She is covering Cardinal Pell's legal proceedings exclusively for The New Daily and CNN.

isis-killer-beheading-video-story-top Zidane reveals what he told his players ahead of Bayern game
May 01, 2018 - 09:24
The attitude was exemplary", he told a post-match press conference. We're going to give it all we've got to make it to the final.

isis-killer-beheading-video-story-top All The Records 'Avengers: Infinity War' Has Broken So Far
May 01, 2018 - 09:20
Still, a Marvel-record $ 39 million ( according to Box Office Mojo ) on Thursday preview night alone is even more than expected. It dethroned the previous domestic victor from its own franchise - The Avengers (2012) and also decimated DCEU film Batman v.

isis-killer-beheading-video-story-top Ramos & Madrid to snub Barca guard of honour
May 01, 2018 - 09:20
The championship is a competition that lasts all year, it is about consistency and the team deserved this title", said Iniesta. The move allowed Messi to float across the attack and the midfield more freely and made him even more unsafe .

isis-killer-beheading-video-story-top J Sainsbury Plc to Buy Walmart's Asda for $10 Billion
May 01, 2018 - 09:19
Aligning the prices of items sold by the two businesses should, in theory, make Sainsbury's considerably more competitive. The U.K. grocery market in recent years has been locked in aggressive price wars that have trimmed retailer margins.

isis-killer-beheading-video-story-top Feature: Bayern say they are ready to surprise Real Madrid
May 01, 2018 - 09:18
Now I am with Bayern, I'm good and happy, and I'm only thinking about this and then having a good World Cup . Of course, they were helped by an equally poor display from Bayern.

isis-killer-beheading-video-story-top Stormy Daniels sues President Trump for defamation over 'con job' tweet
May 01, 2018 - 09:13
Daniels and her lawyer require consideration of their case by a jury, and compensation of the caused damage to the actress. Daniels claims she had a sexual encounter with Trump in 2006 and thereafter exchanged calls and messages with him.

isis-killer-beheading-video-story-top Pompeo criticizes Iran nuclear deal at Saudi meeting
Apr 30, 2018 - 06:15
Pompeo met earlier on Sunday with Saudi King Salman in Riyadh , after dinner on Saturday with Crown Prince Mohammed bin Salman. Resuming sanctions would likely kill the deal .

isis-killer-beheading-video-story-top Sainsbury's and Asda merger 'must be investigated'
Apr 30, 2018 - 06:12
The Qatar Investment Authority, which in the past has tried to buy Sainsbury's , is now the supermarket group's biggest shareholder with a 22 percent stake.

isis-killer-beheading-video-story-top Starbucks manager leaves company after calling police on two black men
Apr 30, 2018 - 05:03
Starbucks is trying to ramp down a racially charged uproar over the arrest of two black men at one of its stores in Philadelphia . He says that the Philadelphia Commission on Human Relations will be in contact with Starbucks about its practices and policies.