Collective assertion

Collective assertion

Collegium system; SC

News:

1. Recently, the five-member collegium has unanimously  agreed “in principle” that it would reiterate its previous recommendation on appointing the chief justice of the Uttarakhand high court, K.M.Joseph, as a judge of the apex court.

Important facts:

1. With the reiteration, the Center will be bound to act on the resolution of the collegium and it may no longer be possible to delay Justice K.M. Joseph’s elevation to the Supreme Court.
2. It is to be noted that the collegium’s reiteration will not bring into account only the name of K.M.Joseph.
3. His name will reach the Center along with recommendation of other chief justices of high courts for appointment as Supreme Court judges.
4. This is because the collegium wants to address the concern the Centre has indirectly raised about the need for fair representation to all high courts.

a.) Previously, Justice Joseph’s appointment was objected by the Center on the ground that he was not senior enough and ‘excessive representation’ from relatively ‘small’ high court (the Kerala High Court) may get after his appointment.

1. The collegium’s recommendation of names for appointment as Supreme Court judges also bring a major challenge, i.e. the propriety of the Centre holding back one or two names from a list of recommendations and clearing the rest.
2. Selectively approving some names from a batch of recommendations can make a difference to the seniority of the judges concerned, especially when seniority is the sole consideration for appointment of the Chief Justice as well as membership of the collegium.