The Hindu : New Delhi News : Judges’ elevation ends speculation

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Wednesday, Dec 10, 2008
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Judges’ elevation ends speculation

J. Venkatesan

President clears names of Ganguly, Lodha, Dattu

Collegium declines to reconsider its decision, returns file to government
Manmohan felt certain States were not represented in apex court

New Delhi: President Pratibha Patil, clearing the three names of the Chief Justices of the Madras, Patna and Kerala High Courts for elevation as Supreme Court judges, has set at rest speculation that the government will delay their appointments.

Though the Supreme Court collegium had recommended their names in October, Prime Minister Manmohan Singh expressed reservations on the ground that seniority had been overlooked and certain States were not represented in the apex court. He wanted the collegium to reconsider its decision and the file was returned to the Chief Justice of India.

The government was of the view that three senior-most High Court Chief Justices — A.P. Shah (Delhi), A.K. Patnaik (Madhya Pradesh) and V.K. Gupta (Uttarakhand) — had been ignored and judges junior to them were promoted. However, the collegium declined to reconsider its decision and returned the file to the government, sticking to its recommendations. Under the procedure, once the collegium reaffirms its decision, the government is bound to accept the recommendations. However, there was some speculation that the government might delay the process by not forwarding the three names to the President.

Law Minister H.R. Bhardwaj, during his ‘Law Day’ speech on November 26, asserted that there was a move to change the procedure of appointment of judges. But, within a few days the file was sent to the Prime Minister’s Office and after Dr. Singh’s approval, the file was sent to the President. And the President gave her nod for the appointment of Justices A.K. Ganguly (Madras High Court), H.L. Dattu (Kerala) and R.M. Lodha (Patna). The warrant of appointment is expected in a day or two after medical examination.

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