‘Unwarranted intrusion’ by Centre in selection process of SC judge, says CPM

“The collegium of the Supreme Court had forwarded the names of Justice K M Joseph and senior advocate Indu Malhotra to be elevated as judges to the Supreme Court. After considerable delay, the appointment of Indu Malhotra has been cleared. However, the government has not cleared the appointment of Justice K M Joseph. This is an unwarranted intrusion into the selection process of a judge and will affect the independence of the judiciary,” the statement read.

Govt not clearing the appointment of Justice K M Joseph unwarranted intrusion into the selection process of a judge, says CPM. Argues it will affect the independence of the judiciary and demands intervention of the President. @IndianExpress pic.twitter.com/bcw166YkC7

— Manoj C G (@manojcg4u) April 26, 2018

Earlier in the day, former Union minister P Chidambaram hit out at the Centre and asked if the government considered itself to be above the law. “As the law stands now, the recommendation of the SC collegium is final and binding in the appointment of judges. Is the Modi government above the law?” he tweeted.

“What is holding up Justice K M Joseph’s appointment? His State or his religion or his judgement in the Uttarakhand case?” he asked.

While the Centre on Wednesday cleared the elevation of senior advocate Indu Malhotra as a Supreme Court judge, it, however, kept on hold Justice Joseph’s name despite the Collegium recommending both names for appointment in January.

Meanwhile, Malhotra, the first woman to be elevated to the post of a Supreme Court judge directly from the Bar, has received the Presidential warrant, or requisite clearance to take oath as a Supreme Court judge. Her swearing-in is scheduled for Friday.