Senior SC judges upset with Centre over altering of Justice KM Joseph’s seniority | Latest News India - Hindustan Times
close_game
close_game

Senior SC judges upset with Centre over altering of Justice KM Joseph’s seniority

Hindustan Times, New Delhi | ByAshok Bagriya and Bhadra Sinha
Aug 05, 2018 11:44 PM IST

The government notification on August 3 placed Justice KM Joseph below Justices Indira Banerjee and Vineet Saran, thereby making them senior to him in the court’s internal hierarchy.

Several senior justices of the Supreme Court are upset with the Union government for altering the seniority granted to Justice KM Joseph while clearing his appointment as a top court judge last week, according to people familiar with the matter.

The appointments of Justices KM Jooseph, Indira Banerjee, and Vineet Saran to the Supreme Court was cleared by the government on August 3.(PTI File Photo)
The appointments of Justices KM Jooseph, Indira Banerjee, and Vineet Saran to the Supreme Court was cleared by the government on August 3.(PTI File Photo)

The judges, who met informally to discuss the appointments, have decided to take the matter up with the Chief Justice of India (CJI) Dipak Misra on Monday to urge him to try and remedy what they consider to be interference by the government in judicial appointments, added the people cited above.

Hindustan Times - your fastest source for breaking news! Read now.

“Judges of the top court met and discussed Justice Joseph’s matter and the government’s decision to alter his seniority by placing him below Justices Indira Banerjee and Vineet Saran. Justice Joseph’s name was sent first and his name should have been first in the appointment notification. We have decided to take up the matter with the CJI,” a Supreme Court judge said on the condition of anonymity.

The appointments of Justices Banerjee, Saran and Joseph to the apex court was cleared by the government on August 3. But the government notification placed Justice Joseph below Justices Banerjee and Saran, thereby making them senior to him in the court’s internal hierarchy.

Justice Joseph’s appointment was first cleared by the Supreme Court collegium this January. While sending his name to the government, it had said: “While recommending the name of Mr Justice KM Joseph, the Collegium has taken into consideration combined seniority on all-India basis of Chief Justices and senior puisne Judges of High Courts, apart from their merit and integrity.”

The government did not respond to Justice Joseph’s name for over four months and sent back his file for reconsideration in April on the grounds that Justice Joseph was not senior enough and that having two judges from the Kerala high court would be against the principles of regional representation.

In July, Justice Joseph’s name was reiterated by the collegium, eventually leading to the government clearing his appointment.

A second judge of the top court confirmed the development, saying that he and his colleagues were not happy with how the seniority had been altered by the government notification. “The collegium reiterated Justice Joseph’s name in July, along with the names of Justices Indira Banerjee and Vineet Saran. While it was absolutely clear that the name which went first was senior to the names sent later, the government notification put the name of Justice Joseph below other judges,” said the judge, who asked not to be named.

The judge added that the names of Justice Joseph and the other two judges were sent in separate files to make doubly sure that the seniority of the judges was not affected.

A senior law ministry official declined to comment on the matter.

Senior advocate Sanjay Hegde said the issue was one of precedent.

“While it may seemingly be a trivial matter as Justice Joseph does not stand to become the future Chief Justice of India. However, the collegium will be correct in insisting that there be no cloud on his seniority. Seniority may not matter in Justice Joseph’s case but a wrong precedent must not be set for future appointments. The government should not have the ability to possibly deny anyone seniority and its consequences, including the chief justiceship,” he said.

Unveiling Elections 2024: The Big Picture', a fresh segment in HT's talk show 'The Interview with Kumkum Chadha', where leaders across the political spectrum discuss the upcoming general elections. Watch now!

Get Current Updates on India News, Election 2024, Arvind Kejriwal News Live, Bihar Board 10th Result 2024 Live along with Latest News and Top Headlines from India and around the world.
SHARE THIS ARTICLE ON
Share this article
SHARE
Story Saved
Live Score
OPEN APP
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Thursday, March 28, 2024
Start 14 Days Free Trial Subscribe Now
Follow Us On