No decision on Justice KM Joseph as yet

No decision on Justice KM Joseph as yet

This was the Collegium's second meeting in five days. Mr Prasad calls it a legitimate exercise of the powers granted by the top court in several rulings.

The Supreme Court collegium headed by Chief Justice of India Dipak Misra on Wednesday deferred its decision on elevation of Uttarakhand high court Chief Justice K.M. Joseph as a Judge of the apex court.

It had then also chose to consider the names of other High Court Judges for elevation as judges of the Supreme Court.

Justice Joseph's name came up for recommendation once again after the Centre had raised concerns about it.

Under the memorandum of procedure on appointment of Judges which is existing now, once the proposal is returned for reconsideration, and if the collegium reiterates the appointment, the government is bound to accept the same but there is no time limit on such appointment. However, the Supreme Court Collegium has made a decision to defer consideration of their names for now. The proposal pertaining to other Additional Judges whose current term would be expiring much later will be taken up for consideration at appropriate stage.

Legal experts asked why the collegium, having "unanimously agreed" to reiterate his name, should wait till the others are picked.

The meeting mainly centred around names from the high courts of Calcutta, Telangana, Rajasthan, Chhattisgarh and the Northeast for elevation to the Supreme Court.

After a three-month hiatus, the government cleared Indu Malhotra's name while returning Justice Joseph's file to the collegium even though both names were sent together. The material considered includes the report of a two-Judge committee constituted to assess the judgments passed by Justice Jhala and the other recommended judges.

Till 9 pm, the resolution of Wednesday's meeting has not been uploaded in the Supreme Court website.

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