The Narendra Modi government’s refusal to elevate Justice KM Joseph as a Supreme Court judge while clearing the name of Indu Malhotra, has once again brought the
executive in direct confrontation with the SC in the matter of appointment of judges. Even though the government is understood to have urged the collegium to
reconsider their recommendation “in terms of seniority and merit and fair representation”, one would suspect that the real reason for the government not elevating
Justice Joseph despite unanimous recommendation of the collegiums, could possibly be his judgment declaring President’s rule in Uttarakhand as unconstitutional. The
government’s recalcitrant