Collegium defers decision on Justice Joseph’s elevation to apex court

It intends to send Justice Joseph’s name along with other names being considered.

Supreme Court of India. File

The Supreme Court Collegium, which met on Wednesday to discuss the elevation of Uttarakhand Chief Justice K.M. Joseph to the apex court, deferred its decision, sources said.

At the May 11 meeting, the five-member Collegium agreed “in principle” to reiterate its January 10 recommendation to the government to elevate Justice Joseph. The government had objected to his appointment, saying he was too junior to become a Supreme Court judge. The Collegium had resolved to send back his name, along with a list of fresh names of High Court judges for appointment to the apex court.

The Collegium meeting was scheduled to discuss in detail the High Court probables for the Supreme Court. 

Sources had said it was considering sending Justice Joseph’s name, along with other names being considered for Supreme Court judgeships. 

This means that Justice Joseph would have to wait till the Collegium zeroes in on the names of the other probables for the apex court.

When the Collegium finally formalises its reiteration of Justice Joseph and sends the file back to the government, the latter would be bound by the Collegium’s decision.

‘Why wait?’

Legal experts have asked why the Collegium, having “unanimously agreed” to reiterate Justice Joseph’s name, should wait till other names are decided.