The elevation of senior advocate Indu Malhotra as a Supreme Court judge has triggered a new controversy, with the Centre not clearing the name of Justice KM Joseph on the same day in spite of the Collegium recommending both names for appointment in January.
The government cleared Malhotra’s name on Wednesday, making her the first woman advocate to be appointed a judge in the apex court directly from the bar. She is likely to take oath on Friday.
But a row erupted as the government put on hold the recommendation for Justice Joseph, who is currently the Chief Justice of the Uttarakhand High Court.
According to reports, the government was of the view that the Collegium has disregarded seniority and regional representation while recommending Justice Joseph, who is 42nd in the seniority list of 669 High Court judges.
Reports say that the government took the decision unilaterally and did not consult Chief Justice of India Dipak Misra.
In April 2016, a two-judge bench headed by Justice Joseph had quashed the imposition of President’s Rule in Uttarakhand after the dismissal of the Congress government led by Harish Rawat.
Reacting to the government’s Wednesday decision, politicians and top names took to Twitter to criticise the Centre.
Raising the 2016 Uttarakhand decision, Congress leader Randeep Singh Surjewala called it “PM Modi’s ‘revenge politics’”.
“PM Modi’s ‘revenge politics’qua judiciary & ‘conspiratorial suffocation’ of Supreme Court exposed again,” he wrote, asking, “J. Joseph is India’s Sr most CJ. Yet Modi Govt refuses to clear his elevation to SC as retribution for quashing presidential rule in Uttrakhand?”
“I appeal to the Chief Justice of India not to swear in Indu Malhotra until Justice Joseph is cleared for appointment , independence of the Judiciary must be saved at all cost,” wrote Indira Jaising.
I appeal to the Chief Justice of India not to swear in Indu Malhotra until Justice Joseph is cleared for appointment , independence of the Judiciary must be saved at all cost
— indira jaising (@IJaising) April 26, 2018
Former finance minister P Chidambaram wrote on Twitter: “Delighted that Ms Indu Malhotra will be sworn in as Judge of the Supreme Court tomorrow. Disappointed that Justice K M Joseph’s appointment is still on hold.”
In two more tweets, he questioned why the government had put Justice Joseph’s recommendation on hold.
What is holding up Justice K M Joseph’s appointment? His State or his religion or his judgement in the Uttarakhand case?
— P. Chidambaram (@PChidambaram_IN) April 26, 2018
As the law stands now, the recommendation of the SC collegium is final and binding in the appointment of judges.
Is the Modi government above the law?— P. Chidambaram (@PChidambaram_IN) April 26, 2018
In June 2014, the then Chief Justice of India RM Lodha had in a letter told the government that it could not “segregate” recommendations without prior approval of the Collegium. The letter was written in response to the government’s non-approval to the elevation of senior lawyer Gopal Subramanium even as it accepted the other recommendations of the Collegium.