Justice Jasti Chelameswar, the second-most senior judge in the Supreme Court, had written a letter to the CJI on Thursday, seeking the reiteration of Justice Joseph's name for elevation.
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.
Net Neutrality Rollback Set For June 11
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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. The Centre also raised the principle of proportionality contending that Kerala high court was a "comparatively small high court" with a sanctioned strength of 42 judges and was a parent high court for top court judge Justice Kurian Joseph and the chief justices of three high courts - Justice K.M. Joseph himself (Uttarakhand), Justice T B Radhakrishnan (Chhattisgarh) and Justice Antony Dominic (Kerala).
It is important for all members of the collegium to be on board as the 1988 Supreme Court ruling in the Third Judges Case specifies that the reiteration of a name must be unanimous and not a vote by majority. The Centre argued that this HC has enjoyed fair representation in the SC and now has a judge from that State HC.
Justice Thomas J. Crabtree, of the Provincial Court of British Columbia, has been appointed as a judge of the Supreme Court of British Columbia in Chilliwack.
Critics, however, sought to link the government's decision not to return Justice K M Joseph's name to his 2016 decision to overturn President's rule imposed by the NDA government in Uttarakhand.
The decision might trigger yet another round of judiciary vs government confrontation.
The collegium also chose to send few more names taking into consideration the fact that there are seven vacancies to be filled in the apex court and five judges who are retiring shortly.
Earlier Wednesday, the lawmakers, including a Shiite cleric, held the flaming flag alight as their colleagues joined their chants. The Trump administration argues that its rejection of the Iran deal sends a signal to North Korea - that it means business.
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Donald Trump Disses Nobel Prize
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