After the fresh decision of the central government, the tension between Govt. and the Supreme Court seems to have ended. Following the demand of the Supreme Court’s Collegium, the government has approved Justice KM Joseph to be part of the Supreme Court. Earlier, the government once returned Justice Joseph’s name. Because of the government’s decision to return Justice Joseph’s name, it was a tension about appointments between him and the Supreme Court. Chief Justice of the Uttarakhand High Court, KM Joseph will now be the judge of the Supreme Court, under the demand of the Supreme Court which has been passed under the Collegium. Apart from Justice Joseph, Chief Justice of Madras High Court Indira Banerjee and Chief Justice of Odisha High Court Vineet Saran have also been sought to be made the judge of Supreme Court. The process of the presidential warrant necessary for their appointment has also been started.
During the clash between the government and the Supreme Court, the Supreme Court sent Justice Joseph’s name on January 10 this year. Apart from this, the name of senior advocate Indu Malhotra was also sent. The government had agreed to the name of Indu Malhotra but the name of Justice Joseph was returned on April 26. Law Minister Ravi Shankar Prasad wrote a letter to Chief Justice Deepak Mishra in April. In this, he returned his name by referring to Justice Joseph’s name for a few reasons.
The government, after sending back the recommendation of the name of KM Joseph to the Collegiate, wrote the reason in which the letter was written, “Joseph is number 42 in seniority list in high court judges. 11 High Court Chief Justice is superior to him, he was also sidelined. ”
The government had said that a judge coming from the Kerala High Court is already in the Supreme Court. There is no judge in the Supreme Court from many high courts like Calcutta, Rajasthan, Gujarat, and Jharkhand. Originally a judge of the Kerala High Court, many people are judges in many places across the country. There are 4 High Court Chief Justices, who are from Kerala. At present, there is no Judge of any Scheduled Caste/tribe in the Supreme Court.
Who is Justice Joseph
Justice Joseph became sixty years old in June and he is the Chief Justice of Uttarakhand High Court since July 2014. Prior to this, he was made a permanent judge of the Kerala High Court on October 14, 2004. Members of the Collegium including Justices Chelameswar, Justice Lokur and Justice Kurien expressed concern over the delay in approving Justice Joseph’s name.