Collegium Recommends Appointment of 3 CJs and 1 Advocate to SC

appointment of judges to supreme court
The Collegium has recommended transfer of Uttarakhand High Court Chief Justice KM Joseph

A Supreme Court collegium headed by Chief Justice of India TS Thakur has recommended the transfer of Uttarakhand High Court Chief Justice KM Joseph. He was the one who recently delivered a strong word judgement quashing President’s rule in the state. The news of his transfer became viral and received strong reaction in the legal and various other departments. It has been suggested that Joseph be transferred to the High Court of Andhra Pradesh and Telangana.

The collegium has also recommended the elevation of Chief Justice AM Khanwilkar of the Madhya Pradesh High Court, Chief Justice DY Chandrachud of the Allahabad High Court and Chief Justice Ashok Bhushan of Kerala High Court and Senior Advocate L Nageswar Rao to the apex court. They have recommended that these three High Court Chief Justices and a senior lawyer be appointed the judges of the Supreme Court. If approved by the Ministry of Law and Justice, Advocate Rao would be the seventh person in India’s legal history to be directly appointed to the Supreme Court.

The collegium comprises of 4 senior most judges of the apex court and is headed by the Chief Justice of India. Government had brought the National Judicial Appointments Commission Act in April 2015. The NJAC body was tasked with the appointment and transfer of judges, but later the body was struck down by the Supreme Court in October 2015.

As of now, the strength of the apex court is 25, whereas the sanctioned strength of the judges is 31. If the elevation of three more judges and an advocate take place, it will go upto 29. The appointment of judges is crucial at the moment as by the end of this year, five judges would be retired.

It has been noticed that while making these recommendations, the collegium seems to have missed some of the pointers like that seniority and also the proper representations to the High Court. As of now, there is no fixed way of elevating the Chief Justices to the apex court, they are trying to include people from all the sections of the society, also women. As of now, there is only one woman judge in the Supreme Court.

Senior advocate Indira Jaising questioned the move of collegium and put some strong questions in a series of tweets. She criticized the collegium for being partial and asked why it happens every time that when a judge write judgements against the central government, he/she is transferred.

She also took the matter of not appointing any judge to the Supreme Court and asked for gender justice.

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