KOCHI: The Kerala legal fraternity is jubilant over the elevation of Uttarakhand High Court Chief Justice KM Joseph to the Supreme Court, months after the apex court collegium’s recommendation. The Centre had to make a U-turn after initially rejecting the recommendation of the collegium.
When the Centre had dragged its feet on the decision to elevate Justice Joseph, the Kerala High Court Advocates Association had passed a resolution expressing concern. Senior advocate N Nandakumara Menon said he was very happy to know that the Centre has cleared the name of Justice Joseph, a former member of the Kerala Bar.
Justice Joseph is someone with unquestionable integrity, honesty, sincerity and devotion to his duty and very much deserves to occupy the august office, he said, adding that the delay in clearing his name should have been avoided.
Senior advocate N Sukumaran, who was the first one to sign the advocates association’s resolution, appreciated the decision and said though there was some delay in clearing the name, the end result has to be welcomed.
Senior advocate Kaleeswaram Raj said, “The Centre’s decision to accept the collegium recommendation is a welcome move. Although I don’t support the collegium system, it happens to be the law of the land. The Centre has a constitutional obligation to accept the recommendation.” Justice Joseph is an erudite and upright judge whose integrity is well-known. The delay on part of the Centre is inexcusable, he said.
Indian Lawyers’ Congress (ILC) also welcomed the move. ILC state president T Asaf Ali said by delaying the appointment, the Centre has virtually diluted the spirit of the SC verdict in the second and third judges case.“In the case, the SC had made it clear that no other branch of the state, including the legislature and the executive, would have any say in the appointment of judges. The primacy of the opinion of the Chief Justice of India (CJI) alone must be taken into consideration and any deviation from the established procedure prescribed by the SC will have far-reaching consequences,” said Ali.
After the case, it is the law of the land that the executive only has the role of making appointments and transfers in accordance with the CJI’s opinion. Judicial independence is vital for the establishment of participatory democracy, maintenance of rule of law as a dynamic concept and delivery of social justice to vulnerable sections, he said.
Ali urged the Centre to clear all the names of judges recommended by the collegium that are pending with the Union law ministry.Any delay will add to the mounting pendency of cases, he said, which will in effect curtail the fundamental right of a citizen to get speedy justice.
The Centre had to make a U-turn after initially rejecting the recommendation of the collegium. When the Centre had dragged its feet on the decision to elevate Justice Joseph, the Kerala High Court Advocates Association had passed a resolution expressing concern