New Delhi: The crisis within the Judiciary is far from over. After the statement of Justice Jasti Chelameswar, the second senior-most Judge of the Supreme Court (SC), as to how Benches are “preferred” or “managed” within the SC, Justice Kurian Jospeh has spoken against the “increasing interference of the government” in judicial appointments.
Justice Joseph is one of the five senior-most Judges of the Supreme Court. In a letter addressed to Chief Justice of India (CJI) Dipak Misra on April 9, he questioned the reluctance of the Centre to appoint two Judges to the Supreme Court despite the collegiums’ recommendation.
“Coming generations will not pardon the Supreme Court if it does not act in the matter,” he wrote.
“The government is sitting on the recommendations of the collegium and the time has come for the Supreme Court to question the executive about it,” Justice Joseph further wrote in the letter.
Judicial appointments have been a focal point of confrontation right after the apex court struck down the new law for appointment of judges. At the heart of the controversy now is the appointment of Justice KM Jospeh of Uttarakhand High Court. He is the same Judge who quashed the President’s Rule imposed in Uttarakhand.
The second case is of Indu Malhotra, who is a senior advocate with the apex court, could become the first woman to be appointed directly to the Supreme Court instead of being elevated from a lower court.
In the letter, Justice Joseph wrote that apart from appointments, he is more worried about the message which goes out to the Judiciary that “judges should not displease the Executive or else they shall suffer”. Justice Joseph is part of the collegium, which is headed by CJI Misra and also includes Justices Chelameswar, Ranjan Gogoi and Madan B Lokur.
The entire administration of SC has been under scanner. Recently, the apex court dismissed a PIL which sought regulation of powers of the CJI over the court’s administration.
A Bench headed by CJI Misra passed an order asserting yet again that the CJI has exclusive powers to decide the SC roster.
(Source: India Today)