Wondering what was holding up the appointment of Justice K M Joseph to the Supreme Court, Congress leader P Chidambaram on Thursday asked whether it was his state, religion or the judgement that he delivered in the Uttarakhand case.

Chidambaram also asked whether the Modi government was above the law as the recommendation of the Supreme Court Collegium was binding on the appointment of judges.

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In a series of tweets, Chidambaram said, “What is holding up Justice K M Joseph’s appointment? His State or his religion or his judgement in the Uttarakhand case? ”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?”.

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

He said he was delighted that senior advocate Indu Malhotra would be sworn in as a Supreme Court tomorrow but disappointed that Justice Joseph’s appointment was still on hold.

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.

— P. Chidambaram (@PChidambaram_IN) April 26, 2018

Dealing a major blow to PM Narendra Modi-led BJP government in April 2016, a two-judge bench headed by Justice Joseph had quashed the imposition of President’s Rule in Uttarakhand and had revived the Congress government headed by Harish Rawat. Later, the Congress lost the Assembly elections.

The Centre not clearing the name of Justice KM Joseph as SC judge triggered a new controversy inspite of the collegium recommending his name in January.

The government cleared Indu 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.