Home » World

SC vs Centre: Justice Joseph row explained

14 May, 2018, 00:12 | Author: Kristen Ingram
  • Collegium likely to repeat recommendation for Justice KM Joseph to SC along with other names

According to an apex court official, Justice Chelameswar, in his letter sent to the CJI, had conveyed that he was reiterating his decision favaouring elevation of Justice Joseph as the judge of the top court as there was no change in the circumstances that had led the Collegium to recommend his name to the government on January 10.

"The Chief Justice and other members of the collegium have, in principle, unanimously agreed that the recommendation for appointment of Justice KM Joseph, Chief Justice, Uttarakhand HC as a judge of the SC should be reiterated".

In view of this, "the meeting", it said, "stands deferred for being held at 4.45 pm on Wednesday, 16th May, 2018".

Two weeks after the Modi government, sitting on the recommendation for almost four months, sought reconsideration of Joseph's name saying it was in "violation of SC's parameters on seniority and merit", the collegium "in principle" unanimously agreed to reiterate his name for elevation. It also questioned his seniority for elevation as a judge of the apex court.

This resolution of the issue would in effect affect Justice Joseph's seniority, likely precluding his chances to be a part of the Collegium in the future or becoming Chief Justice.

The three prevailed over Justices Chelameswar and Kurian Joseph and asserted that the serious issue of nonrepresentation of several HCs in the SC should be considered as it was incongruous with the two Constitution bench judgments in 1993 and 1998 which created the collegium system. It also added that there was an adequate representation of Kerala in the higher judiciary from where he hails. Taking a cue from the May 2 agenda, sources had speculated that the collegium might consider Madras high court CJ Indira Banerjee (parent HC Calcutta), Karnataka high court CJ Dinesh Maheswari (parent HC Rajasthan) and Gujarat high court CJ R Subhash Reddy (parent HC Telangana and AP).

Justice Joseph's elevation to the top court was, however, rejected by the government in April. It is believed that just sending Justice K M Joseph's name back would have suggested that the apex court was directly challenging the Centre and so, a middle-of-the-road course was adopted.

However, Justice Gogoi, who will succeed CJI Misra on October 3, and Justice Lokur agreed with the CJI that when there were seven vacancies in the Supreme Court, it would be improper for the collegium to send only one name to the government.

Returning Justice K M Joseph's name, Union Law Minister Ravi Shankar Prasad, in a letter to the CJI, underlined that "this proposal for reconsideration...has the approval of the Hon'ble President and the Hon'ble Prime Minister" and had listed reasons why his appointment "at this stage does not appear to be appropriate".

Recommended:

  • WestJet adding nonstop flights to Vegas during Jets playoff run

    WestJet adding nonstop flights to Vegas during Jets playoff run

    Winnipeg regained home-ice advantage for the best-of-seven series due to their overall second-place finish with 114 points. How about Florida's GM completely underestimated his own roster and actively gave up two good young players for nothing.
    Bank of England keeps interest rates on hold on first-quarter slump

    Bank of England keeps interest rates on hold on first-quarter slump

    The Bank of England has kept interest rates on hold at 0.5% and cut its growth forecast for this year. The UK economy experienced its worst quarter in five years.
    Google Lens Can Identify Everything In Your Room

    Google Lens Can Identify Everything In Your Room

    Google Assistant is now available on 500 million devices globally, Scott Huffman, vice president of Google Assistant revealed. You'll handle this task (and most others, really) on what looks like an Android tablet grafted onto the car's center console.
  • Oil prices jump after U.S.  abandons Iran deal, plans 'highest level' sanctions

    Oil prices jump after U.S. abandons Iran deal, plans 'highest level' sanctions

    Brent crude oil touched its highest since November 2014 on Wednesday, up $2.19 a barrel, or 2.9% at $77.04 US late in the morning session.
    Man dies following Verulam mosque attack

    Man dies following Verulam mosque attack

    Paramedics or doctors who can assist can report to the scene, ' RUSA said in an statement released today. About 1.5 percent of the country's population is Muslim.
    What I learned from dealing with my granny's Alzheimer's diagnosis

    What I learned from dealing with my granny's Alzheimer's diagnosis

    The actress has been taking medication to manage the degenerative disease, but her symptoms have grown worse in recent weeks. Whenever they went out, the public were like moths to a flame with Barbara and she loves them.
  • Taylor Swift on Kardashian/West feud: 'I went through some really low times'

    Taylor Swift on Kardashian/West feud: 'I went through some really low times'

    Taylor's recent revelation lead to the title of her latest album, Reputation , which is also the name of her ongoing stadium tour. Rather, Swift was very touched by Perry's gesture, that is why she agreed to end their decade-long feud.
    Israeli Minister Says 'Lebanon Equals Hizbullah' after Election

    Israeli Minister Says 'Lebanon Equals Hizbullah' after Election

    The voting was held under a new proportional system, which divides the country into 15 separate electoral constituencies. He said he would continue to work closely with President Michel Aoun , who is allied with the rival, Hezbollah-led bloc.

    Saudi Arabia Wants Nuclear Weapon If Iran Acquires One, Minister Says

    He added: 'Iran's oil and gas industry has been much more experienced in the last 4 years and it considers different mechanisms. Yet, even in the case that Saudi Arabia keeps to its schedule, the USA nuclear industry could still play an important role.
  • Search Begins For New NYS Attorney General

    Search Begins For New NYS Attorney General

    The governor's counsel, Alphonso David, issued a scathing response Wednesday, accusing Vance of a "blatant conflict of interest". A Rockland County lawyer has thrown his hat into the ring for the state attorney general seat vacated by Eric Schneiderman .

    Seven die in Australia's worst shooting for 22 years

    They would identify victims only after next of kin had been notified, said the police. "Forever Dreaming is our forever farm". Felicity Haynes, who lives on a neighbouring property, told broadcaster ABC the family involved were "caring neighbours".
    'I think it's time to wrap it up'

    'I think it's time to wrap it up'

    Pence added: "I would very respectfully encourage the special counsel and his team to bring their work to completion". A leading Trump critic's busy Thursday morning of tweeting included a direct shot at Vice President Mike Pence .


Popular

Capitals-Lightning, 4th Ld-Writethru,717
Lightning coach Jon Cooper said earlier in the week the Lightning can not make a habit of losing Game 1 of the series. But the effort was too late for Tampa Bay, who felt a similar state of defeat in Game 1 of the second round.

Trump assails drugmakers for high prices
Site neutrality rules could also eliminate differences in inpatient and outpatient Medicare payment policies for drugs. But America's Health Insurance Plans expressed concern about the proposal to pass manufacturer rebates to consumers.

Giuliani On Cohen's Biz Pitches: Trump 'Wasn't Aware Of That Situation'
Jimenez also met the president after he took office at a January 31, 2017 meeting in the White House. The Trump Administration is not exactly a complex organization.

Amazon shut out of FAA testing autonomous drone deployment
The other sites are located in California, Nevada , North Dakota, North Carolina, Kansas, Alaska, Virginia, Tennessee and Florida. Though the satellite images are regularly updated but using a drone is expected to present more real-time information and images.

SpaceX's New Falcon 9 Rocket Block 5 Debuts Today
The "older" version of the Falcon 9 that have flown recently were Block 3 or 4 designs and for "full thrust" operation. This launch is a series of firsts, with the Bangabandhu 1 also being Bangladesh's first communications satellite .

Raptors' Dwane Casey voted National Basketball Association coach of the year
If recent history is any indicator, Casey's comments offer little reassurance regarding his future in Toronto. Ujiri said he thought the first game against the Cavaliers was the turning point in the series.

Netanyahu - Iran crossed 'red line,' Israel's action appropriate
The text of the statement delivered by the representative of the Syrian command, published by the state news Agency SANA . Russian Federation said 28 Israeli F-15 and F-16 planes took part in the raids with a total of around 70 missiles fired.

Chris Paul Makes Conference Finals for the First Time
In the post-game conference Tuesday night, Rockets point guard Chris Paul talked about his long-time relationship with PJ Tucker. On one side, you have three Warriors All-Stars who are now four years into this dominating run with Curry, Thompson and Green.

Nestle to pay $7.15 billion to Starbucks to jump-start coffee business
Nestle also has joint ventures with General Mills for cereal, Lactalis for dairy products and R&R for ice cream. This alliance highlights Nestle's struggles to seize more java drinkers in the United States.

Sears shares soar on tire-service deal with Amazon
This means that customers can buy tires on Amazon and have them shipped to their local Sears Auto Center for installation. The client then gives 3 appointment times which can be convenient for the installment.