K M Joseph at last elevated to SC
The Centre has cleared the
elevation of Justice K.M. Joseph to the Supreme Court, seven months after the
five-member collegium first recommended his appointment. He was the
Uttarakhand High Court Chief Justice. The Centre’s objections to Justice
Joseph’s candidature were unconvincing from the very beginning. It made an
issue of his relative lack of seniority among the Chief Justices of the various
high courts. They also said that his
elevation would give excessive representation to Kerala. Justice Joseph found himself in disfavour
because he was on a Bench that quashed the imposition of President’s Rule in
Uttarakhand in 2016,
In the case of Justice Joseph, his
name was sent along with that of senior advocate Indu Malhotra to the Centre in
January. However, three months later, the government cleared only one of the
two names, while seeking reconsideration of Justice Joseph’s candidature.
Indira Gandhi was an embodiment of
arrogance in dealing with judiciary and the country's past governments haven't
had a smooth time judiciary either. Elsewhere in the world, it has been the
pattern that Governments want a judiciary that reflect their thinking in order
that conflicts between two organs of democracy don't get into clashes. So far,
we have had left leaning Govts and hence, they inducted very craftily judges
that would be complimentary with the administration. Many aberrations by Indira
in judicial appointments would vouch for it. Now that we have a right wing
Govt, we must have judges that would not be unduly critical of such an
ideology. It is also incumbent on all of us to make sure we don't get people
like the 'GangOf4' again on the bench. We need to recreate respect for
judiciary that has been sullied by its occupants.
Standards in public life have been
sliding down and this is reflected in this dispute. Credibility and competency
of proposed judges are questioned. Opinions over the tussles between Collegium
and the Centre are bound to differ. The root of this issue is selections not
being based solely on merit but on various factors like caste, community,
region etc., which strictly speaking are irrelevant. The situation is not
likely to change in the near future.
With all due respect to court of
law, sometimes judges also take position based on their political liking because
interpretation of any evidence is also dependent on the interpreter.
Even when we consider that Justice
Joseph and the Centre were on opposite sides on Uttarakhand decision, how can
the newspaper with untouchable morale standards claim that unusually high
representation from one particular state is a non-issue. Seems it has sidelined
a reasonable argument with intent only of opposing anything and everything BJP
does.
SC has persisted with recommending
Joseph despite continuous disapproval from the ruling powers. At last, the
patience paid and judiciary proved that it cannot be ignored for long
The friction between Collegium and
the executive have always become a thorn for judiciary. For the time being the
matter is closed to erupt again. But it is found that citizens’ voice matter
where there is an attempt for the centralisation of power in the hand of
executive or the over stepping of judiciary. Citizen's voice matter always. So
citizens have to play a very important role for a vibrant democracy in our
country.
That Modi Govt has some ideological
problems, especially with Kerala and South has been inconclusively proved in
this unscientific "objection" raised by the Govt against Justice KM
Joseph. It is high time we have a definite arrangement whereby Courts are completely
insulated from Politics/Business/Mafia, with one hundred percent Freedom for
the Judges, whose appointments too must be further codified, protected and made
with highest valuation criteria - and also made "sacrosanct". There
must be a criterion whereby only the best and the most efficient with matchless
integrity become Judges
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