Supreme Court Collegium Puts Off Decision on Justice KM Joseph's Recommendation

The Supreme Court collegium decided today to put off its decision on the recommendation of Justice K M Joseph. This came after a meeting of the collegium was called to take up this issue. The collegium had earlier recommended two names to the government for appointment: Senior Counsel Indu Malhotra and Justice K M Joseph. While Malhotra was elevated to be Justice Malhotra, Justice Joseph was not appointed to the Supreme Court. CJI Dipak Misra has backed the government's actions, stating that there is nothing wrong if the government returns a recommendation. However, his predecessor Justice R. M. Lodha did not concur.

The government’s move to ‘hive off’ Justice Joseph's name was opposed by the Supreme Court Bar Association (SCBA). Though members of the bar welcomed the government's decision to appoint Justice Indu Malhotra, they were upset that Justice Joseph's name had not featured as well. Former CJI Lodha also expressed his views on the matter, presumably, as it was reminiscent of the time he was the CJI. The present government had, at that time, hived-off Senior Counsel Gopal Subramanium's name, though his name had been recommended by the collegium as well. The matter resulted in the Senior Counsel withdrawing his consent for nomination, thus saving his reputation as well as delaying an inevitable confrontation between the Apex Court and the government.

Earlier on Monday, Justice Kurian Joseph had told The Indian Express that the collegium is most likely to resubmit Justice K M Joseph's recommendation. However, if the government's recent history is an indicator, it is likely to be sat on for a while – at least until CJI Misra convenes the full court discussion that Justices Kurian Joseph and Ranjan Gogoi had requested. On the other hand, considering the public outcry that ensued after his recommendation was returned, the government may surprise us all and act on the collegium’s opinion.