The Supreme Court Collegium today agreed in principle to reiterate its recommendation for elevating Uttarakhand High Court Chief Justice K M Joseph as a judge of the apex court, almost three weeks after it was returned by the Centre.
Justice Joseph had headed the bench in the Uttarakhand High Court that had quashed the Narendra Modi government's decision to impose President's rule in the Congress-ruled hill state in 2016. In 2017, the Congress lost the assembly election there.
Justice Joseph, who turns 60 this June, has been the Chief Justice of the Uttarakhand High Court since July 2014. He was appointed a permanent judge of the Kerala High Court on October 14, 2004 and assumed charge of the Uttarakhand High Court on July 31, 2014.
Legal experts had earlier opined that the government is bound to appoint Justice Joseph as a Supreme Court judge in case the Collegium reiterates its recommendation to elevate him. However, the experts had said there is no time-frame for implementing the Collegium's recommendation.
After an hour-long deliberation today, the five-member Collegium, comprising Chief Justice of India Dipak Misra and Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph, unanimously decided that Justice Joseph's name should be accompanied with the recommendation of names of other Chief Justices of High Courts for elevation as judges of the Supreme Court.
The Collegium, in a resolution, said there was need for further discussion on the issue of sending the other names to the Centre and decided to meet again on May 16.
"The Chief Justice and other members of the Collegium have, on principle, unanimously agreed that the recommendation for appointment of Justice K M Joseph, Chief Justice, Uttarakhand High Court [Parent High Court: Kerala] as a Judge of the Supreme Court should be reiterated.
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"However, the said reiteration should also be accompanied by the recommendation of the names of Chief Justices of High Courts for elevation as Judges of the Supreme Court, for which detailed discussion is required," the resolution said.
"In view of the aforesaid, the meeting stands deferred for being held at 4.15 PM on Wednesday, May 16, 2018," it said.
The resolution further said the Collegium today met to consider the following agenda: "1. To consider reiteration of the recommendation dated January 10, 2018 for elevation of Justice K M Joseph, Chief Justice, Uttarakhand High Court [Parent High Court: Kerala] as Judge of the Supreme Court. 2. To consider names of High Court Judges for elevation as Judges of the Supreme Court."
Justice Joseph's seniority was also questioned by the Centre which had said "he stands at Sl. No.45 in the combined seniority of High Court Judges on all-India basis."