The five-judge Collegium led by Chief Justice of India Dipak Misra is scheduled to meet on May 11 to decide on the government’s objections to the elevation of Uttarakhand High Court Chief Justice K.M. Joseph to the Supreme Court.
The Collegium, which met on May 2, had parted on an inconclusive note.
The Collegium is expected to finalise its response to the government on Justice Joseph and would also discuss the names of judges from Calcutta, Rajasthan, and Telangana and Andhra Pradesh High Courts for elevation as judges of the Supreme Court, in view of the “concept of fair representation”.
The meeting would also consider whether Justice Joseph’s name, after reiteration, should be sent back separately or in a batch along with the other recommendations from the three high courts under consideration.
The Collegium meeting comes in the backdrop of a letter written by Justice Chelameswar , the number two judge of the Supreme Court, to the Chief Justice, strongly backing the reiteration of its recommendation to elevate Justice Joseph.
If the Collegium reiterates its recommendation of Justice Joseph, the decision would have a binding effect on the government.
The Collegium — also comprising Justices Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurian Joseph — had unanimously recommended Justice Joseph as apex court judge in a resolution on January 11.
After a three-month hiatus, the government cleared Indu Malhotra’s name while returning Justice Joseph’s file to the Collegium for reconsideration even though both names were sent to the government together as a batch. Justice Malhotra is already functioning as a Supreme Court judge.
