Justice Joseph seniority issue raised in Parliament
New Delhi : The issue of lowering the seniority of Justice K.M. Joseph while appointing him to the Supreme Court was raised in the Lok Sabha on Monday by Congress leader K.C. Venugopal.
Without naming the judge, Venugopal said the government wants to have its way in the appointment of judges.
"...what has happened today (Monday) is all over the national media. Some of the Supreme Court judges are also approaching the Chief Justice of India with regard to appointment of a judge in the apex court," said Venugopal during Zero Hour in the Lok Sabha.
"As we know, seniority of a Supreme Court judge is decided by the President through issuance of the warrant of appointment by the government.
"One of the judges has been appointed and the collegium had actually recommended his name four months ago. The government did not give its assent for his appointment. We would like to know as to what was his fault," asked Venugopal, who had given an adjournment notice.
He also said that as per the recommendations of the collegium, he is one of the honest, efficient and eligible judges but the recommendation of the collegium was rejected by the government.
"The government's independence is now being questioned. In every appointment of judges, the government wants its own was. The judges are in a different mood. They are against the Chief Justice. The system is not there in this country.
"It is happening because of the attitude of the government," he said.
A group of top court judges including those from the collegium on Monday met Chief Justice Dipak Misra to express their concern over the Centre altering seniority of Justice K.M. Joseph by placing him at third position, after Justice Indira Banerjee and Justice Vineet Saran, in the order of appointment as top court judge.
Justice Joseph, along with Justice Indira Banerjee and Justice Vineet Saran, will be administered oath on Tuesday by the Chief Justice.