NEW DELHI: After months of impasse, President Ram Nath Kovind signed the warrant of Justice KM Joseph’s appointment to the apex court on late Friday night along with Justices Indira Banerjee’s and Vineet Saran’s, who were recommended by the Supreme Court Collegium only last month.
All three judges will be sworn in by Chief Justice of India Dipak Misra on Tuesday. Under the provisions of Article 124 of the Constitution, the President issued the warrant of appointments for the three judges.
Though Justice Joseph’s name was sent first on January 10 along with that of senior counsel Indu Malhotra, who is now a Supreme Court judge, and his name reiterated on July 16, he will be at bottom in the list of seniority. On the bright side, Justice Joseph will serve for more than four years in the apex court.
The government had returned Justice Joseph’s file, citing his “lack of seniority” and inadequate regional representation of some states in the apex court. But, the rules state that if the Collegium recommends a name for the second time, the Centre has no choice but to accept it.
The Uttarakhand High Court Chief Justice’s elevation to the Supreme Court ends a protracted stand-off between the government and the judiciary.
A section of the legal fraternity as well as the Opposition parties had criticised the NDA government for ‘segregation’ of the Collegium’s proposal. The Congress had accused the government of not clearing Justice Joseph’s name due to his ruling in 2016 that cancelled President’s Rule in Uttarakhand and brought back to power the Grand Old Party.
With the Centre clearing the appointment of three judges, the present strength of apex court judges comes to 25 but there is still six vacancies.Justice Indira Banerjee will become the eighth woman judge to enter the apex court. For the first time in its 68 years of existence, the Supreme Court will have three woman judges Justices Indira Banerjee, R Bhanumathi and Indu Malhotra simultaneously.
Will serve for more than four years
Though Justice Joseph’s name was sent first on January 10 along with that of senior counsel Indu Malhotra, who is now a Supreme Court judge, and his name reiterated on July 16, he will be at bottom in the list of seniority. On the bright side, Justice Joseph will serve for more than four years in the SC.