Judges On Re-iterate Justice Joseph's Identify For Elevation

Uttarakhand high court K M Joseph in New Delhi

The collegium comprises the CJI, and Justices Chelameswar, Ranjan Gogoi, MB Lokur and Kurien Joseph.

The Centre also raised the principle of proportionality contending that Kerala high court was a "comparatively small high court" with a sanctioned strength of 42 judges and was a parent high court for top court judge Justice Kurian Joseph and the chief justices of three high courts - Justice KM Joseph himself (Uttarakhand), Justice TB Radhakrishnan (Chhattisgarh) and Justice Antony Dominic (Kerala).

Chelameswar said the collegium should reiterate its recommendation to the government that Justice Joseph be elevated to the top court.

Following a meeting, the Supreme Court collegium on Friday unanimously agreed in principle to reiterate the name of Uttarakhand High Court Chief Justice K M Joseph for an elevation to the apex court.

The collegium met for the second time after deferring its decision earlier last week. Supreme Court judges retire at the age of 65.

According to reports, the Centre had objected saying- Justice Joseph was 42nd in terms of seniority in High Court judges across the country and observed that there were 11 chief justices of different high courts who were senior to justice Joseph.

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Justice Kurian Joseph, the fourth-most senior judge in the apex court and part of the Collegium, said "some of our worst fears are coming true" with the government selectively approving the recommendations made for elevation.

Justice Joseph's seniority was also questioned by the Centre which had said "he stands at Sl".

The government had returned Justice Joseph's name, while approving designated senior advocate Indu Malhotra's elevation, prompting commentators to accuse the government of vindictiveness. The collegium consisted of a group of five most-senior judges.

It is learnt that the collegium wants to recommend names of judges of Calcutta, Rajasthan and Telangana & Andhra Pradesh High Courts for elevation to the Supreme Court in view of the concept of fair representation of the high courts in the apex court.

The meeting of the Collegium was expected to take place on May 9 but Justice Chelameswar was on leave.

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