NEW DELHI: Irked over the Government’s delay in clearing the Collegium’s recommendation to elevate a judge and a senior woman advocate to the Apex Court, Supreme Court judge Justice Kurian Joseph has written a letter to the Chief Justice of India Dipak Misra contending that the “very life and existence” of the institution was “under threat” and a “surgical intervention” is required.
The Apex Court Collegium, headed by the CJI, had in January sent to the Centre the names of senior advocate Indu Malhotra and Uttarakhand High Court Chief Justice K M Joseph for their appointment as judges in the Apex Court. However, the Centre is yet to decide on the names.
Justice Joseph, who is a member of the collegium, said it was the “Government’s duty” to act on the recommendations of the names and dubbed the executive’s failure to discharge their duty as “abuse of power.”
“Today, we complete three months since we resolved to recommend senior advocate Indu Malhotra and Justice K M Joseph for appointment as Judges of the Supreme Court. To my limited information, it is the first time in the history of this Court where nothing is known as to what has happened to a recommendation even after three months. Government owes a duty to take a call on the recommendation as soon as the same is sent from the Collegium. (AGENCIES)