The decision of Supreme Court collegium to defer the issue of reconsidering the name of Uttarakhand Chief Justice K M Joseph for elevation as an apex court judge is unfortunate. Justice Joseph’s name was rejected by centre and they had sent back recommendation file to collegium. It was expected that collegium will re-send the file to government for approval but they did not. The move will only raise more questions over independence of judiciary. The decision to block elevation of Justice Joseph looks political. As chief justice of Uttarakhand high court he had stuck down the move of central government to impose president rule in the state. It seems government of India is punishing him for daring to take stand against centre.
However it is the reluctance of SC to stand up in support of Justice Joseph which is hurting the image of judiciary. The collegium must reiterate its recommendation to elevate Uttarakhand High Court chief justice KM Joseph to the Supreme Court immediately. The executive sat on the recommendation for three months, and now the collegium must not lose more time. Once it has done that, it must also ensure the government cannot delay it a second time. Further Chief Justice of India Dipak Misra must show statesman like qualities and take his colleagues into confidence. If what is happening at the Supreme Court were to be taken by the high court’s as a precedent, the day will not be far for the entire judiciary to turn into chaos. The SC collegium has huge responsibilities to safeguard the judiciary. Whole country is looking upto them to stand up for truth and justice.