This is an archive article published on May 16, 2023
For Supreme Court, Collegium names Andhra CJ, senior advocate in line to be CJI in 2030
If appointed, Viswanathan would be in line to serve as Chief Justice of India from August 12, 2030, till May 25, 2031. He would be the fourth CJI from the Bar — after former CJIs S M Sikri in 1971 and U U Lalit last year, and Justice P S Narasimha, who is in line for the top post in 2028.
The apex court bench, also comprising Justice B R Gavai then directed that the matter be placed before Chief Justice of India D Y Chandrachud for constitution of an appropriate bench. (File)
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For Supreme Court, Collegium names Andhra CJ, senior advocate in line to be CJI in 2030
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THE SUPREME Court Collegium headed by Chief Justice of India D Y Chandrachud on Tuesday recommended the appointment of Andhra Pradesh High Court Chief Justice Prashant Kumar Mishra and senior advocate K V Viswanathan as Judges of the Supreme Court.
If appointed, Viswanathan would be in line to serve as Chief Justice of India from August 12, 2030, till May 25, 2031. He would be the fourth CJI from the Bar — after former CJIs S M Sikri in 1971 and U U Lalit last year, and Justice P S Narasimha, who is in line for the top post in 2028.
“Shri Viswanathan has a sound understanding of law and is known in the legal fraternity for his integrity and as an upright senior member of the Bar,” the Collegium said in its statement. Apart from the CJI, the five-member Collegium for recommending SC judges includes Justices Sanjay Kishan Kaul, K M Joseph, Ajay Rastogi and Sanjiv Khanna.
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The Collegium’s decision to recommend Viswanathan comes nearly eight months after it was first proposed by then Chief Justice of India U U Lalit in a written note instead of a formal meeting. On October 11 last year, the Collegium had said in a statement that it decided to “close“ the “unfinished” proposal after two judges “objected to the process of selection and appointing judges by circulation”. The current CJI was one of the two judges who objected.
Senior Advocate K V Viswanathan
It is learnt that there were concerns within the Collegium earlier that some High Court Judges may lose out if a direct elevation from the Bar stood a chance to be CJI. “However, even after eight months, Viswanathan’s elevation is unlikely to affect the chances of any potential candidates who can be considered for the CJI’s post,” said sources.
On Justice Mishra, the Collegium said that he “will provide a value addition in terms of his acquired knowledge and experience.”
“Justice Mishra is a judge with integrity,” the statement said.
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Justice Mishra, whose parent HC is the Chhattisgarh HC, ranks at 21 in the all-India seniority list of HC Judges – he has served as a High Court judge for over 13 years.
The Collegium said it is “conscious” of the concern of superseding Allahabad High Court Chief Justice Pritinker Diwaker in recommending Justice Mishra. “However, having considered all relevant factors, the Collegium is of the view that Justice Prashant Kumar Mishra is worthy of appointment as a judge of the Supreme Court,” it said.
Justice Diwaker, whose parent HC is also the Chhattisgarh HC, is senior to Justice Mishra.
“After carefully evaluating the merit, integrity and competence of eligible Chief Justices and senior puisne judges of the High Court, and also accommodating a plurality of considerations, the Collegium finds Mr Justice Prashant Kumar Mishra, Chief Justice, Andhra Pradesh High Court, to be more deserving and suitable in all respects for being appointed as a judge of the Supreme Court of India,” the Collegium said in a statement published on the Supreme Court website.
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Against the sanctioned strength of 34 Judges, the Supreme Court currently has 32 Judges, and four more vacancies are expected by July.
Apurva Vishwanath is the National Legal Editor of The Indian Express in New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the newspaper in 2019 and in her current role, oversees the newspapers coverage of legal issues. She also closely tracks judicial appointments. Prior to her role at the Indian Express, she has worked with ThePrint and Mint. ... Read More