The tussle between the government and the judiciary over Uttarakhand chief justice KM Joseph's elevation to the Supreme Court is likely to continue despite the collegium recommending him for the second time last month.
A top government functionary told Hindustan Times that the Centre is likely to sit on KM Joseph's file while clearing the appointment of two high court chief justices — Indira Banerjee and Vineet Sharan — to the Supreme Court.
According to the report, another government functionary confirmed the development. "The law ministry had moved the file of the two judges to the Prime Minister’s Office for final clearance," the report quoted the government functionary as saying.
The Supreme Court collegium had recommended the elevation of Banerjee and Sharan and reiterated KM Joseph's name on 16 July. According to the rules, the government has no choice but to approve the collegium recommendation if the latter reiterates the same name.
A five-member Supreme Court collegium comprising Chief Justice Dipak Misra and Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph had recommended KM Joseph's name for elevation to the Supreme Court first in January 2018, however, after sitting on the collegium decision for over three months, the government had rejected it saying that the proposal was not in accordance with the top court's parameters and there was adequa...