Reference Text
Time Left10:00
Good
sense
seems
to
have
prevailed
at
last.
The
Centre
has
cleared
the
elevation
of
Justice
K.M.
Joseph
to
the
Supreme
Court,
seven
months
after
the
five-member
collegium
first
recommended
his
appointment.
The
Centre
had
no
option
but
to
elevate
the
Uttarakhand
High
Court
Chief
Justice
once
the
collegium
reiterated
its
original
recommendation
after
the
Law
Ministry
returned
his
name.
The
collegium
had
combined
its
reiteration
of
his
name
with
two
other
names
so
that
three
Chief
Justices
could
be
elevated
in
one
go.
The
Centre's
objections
to
Justice
Joseph's
candidature
were
unconvincing
from
the
very
beginning.
It
made
an
issue
of
his
relative
lack
of
seniority
among
the
Chief
Justices
of
the
various
high
courts,
adding
somewhat
curiously
that
his
elevation
would
give
excessive
representation
to
Kerala.
It
also
spoke
of
an
imbalance
in
regional
representation.
It
was
obvious
that
these
were
not
good
enough
reasons
to
turn
down
his
appointment.
It
only
served
to
strengthen
the
suspicions
that
Justice
Joseph
found
himself
in
disfavour
because
he
was
on
a
Bench
that
quashed
the
imposition
of
President's
Rule
in
Uttarakhand
in
2016,
a
charge
the
government
vehemently
denied.
Now
that
his
elevation
is
all
set
to
go
through,
these
issues
may
not
appear
to
be
relevant
anymore.
However,
it
is
difficult
not
to
see
a
pattern
in
the
government's
conduct.
It
has
been
splitting
recommended
lists
and
selectively
approving
proposals
from
the
collegium,
while
holding
back
or
returning
some
names.
In
the
case
of
Justice
Joseph,
his
name
was
sent
along
with
that
of
senior
advocate
Indu
Malhotra
to
the
Centre
in
January.
However,
three
months
later,
the
government
cleared
only
one
of
the
two
names,
while
seeking
reconsideration
of
Justice
Joseph's
candidature.
Such
decisions
tend
to
alter
the
inter
se
seniority
among
sitting
judges,
a
factor
that
determines
who
becomes
Chief
Justice
of
India
and
who
joins
the
collegium.
The
Centre's
right
to
seek
the
reconsideration
of
a
recommendation,
on
the
basis
of
information
available
to
it,
cannot
be
disputed
—
but
it
is
worrying
that
one
or
two
names
are
held
back
from
a
number
of
batches.
The
reasons
for
seeking
reconsideration
need
to
be
explicitly
stated
in
every
such
instance.
Even
in
its
adherence
to
the
norm
that
reiteration
of
a
recommendation
is
binding,
the
Centre
has
not
been
consistent.
Recently,
it
returned
a
recommendation
concerning
two
appointments
to
the
Allahabad
High
Court
for
the
second
time.
The
other
issue
is
delay
—
there
is
no
justification
for
sitting
on
files
without
taking
a
decision
one
way
or
another,
particularly
given
the
backlog
in
the
Supreme
Court.
The
current
controversy
may
have
come
to
a
close,
but
the
possibility
of
other
flashpoints
cannot
be
ruled
out.