Centre vs Collegium: Former CJIs, Judges of SC Express Concern

The Centre had been sitting on the Collegium’s list of recommendations of judges to be elevated to Supreme Court.

Former CJIs and judges of the Supreme Court have criticised CJI Dipak Misra for not initiating conversation with the Centre over the current standoff. 

(Photo: The Quint)

The debate around the Centre’s determination to sit on the name of the judges that the Supreme Court collegium had recommended to the apex court has been a matter of concern since January.

However, when Justice Indu Malhotra, one of the two names on the recommendation list, was given the green signal to be sworn in as a Supreme Court judge, while the other Justice K M Joseph’s appointment continued to be stalled, the matter reached another pinnacle.

The Indian Express spoke to several former Chief Justices and judges of the Supreme Court, to ask them their opinion on the current controversy surrounding the Indian judiciary – a stand-off between the Centre and the collegium and Chief Justice of India Dipak Misra’s role as mediator.

Here’s what some of them had to say:

Former CJI RM Lodha

Speaking to The Indian Express, former Chief Justice of India RM Lodha said the Centre’s decision to accept Indu Malhotra and reject K M Joseph as a Supreme Court judge “strikes at the very heart of the independence of the judiciary”.

What governments do by segregating recommendations, is (to) throw plans of the collegium for seniority or ensuring a certain succession of future Chief Justices out of the window.

Former CJI RM Lodha, as reported by <i>The Indian Express</i>

Calling this an “interference in judiciary”, Lodha also said that in cases such as these, the CJI is expected to call a meeting of the collegium, so that the matter could be taken up with the government.

The Chief Justice cannot sit over the file either, indefinitely, as can’t the government.

Former CJI RM Lodha, as reported by <i>The Indian Express</i>

He added that as per the Memorandum of Procedure, which explains the terms of agreement between the Centre and the judiciary, the government is not allowed to segregate names.

Former CJI TS Thakur also referred to the events following the recommendation of Justice KM Joseph’s name to the Supreme Court and the Centre’s rejection of it, as “unfortunate”, reported the English daily.

Justice AP Shah

Expressing his surprise at CJI Dipak Misra’s defence of the Centre’s return of the file containing the recommendation, former Chief Justice of the Delhi High Court AP Shah told The Indian Express:

Clearly the reason (that Justice Joseph’s file was rejected) is his judgment against the Centre in 2016. The points raised about his so-called seniority are not relevant and he is the most suitable person for the job.&nbsp;

Saying that the primacy of the collegium was being conceded, Shah criticised CJI Misra by adding: “...despite the transgression demonstrated by the Executive, the Chief Justice is not even calling a meeting and is largely responsible for allowing the transgression”.

Shah isn’t the only one to think so. Two other former CJIs and four other former judges of the Supreme Court anonymously told the newspaper that they were “seriously concerned” that CJI Misra wasn’t initiating conversation with the Centre over the way it has withheld the collegium’s recommendation.

(With inputs from The Indian Express)

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