Justice Kurian Joseph, one of the seniormost judges of the Supreme Court, has questioned the government’s inaction in following up on the recommendations of the collegium and has said that the “coming generations will not pardon” the Supreme Court if it does not act in the matter.
The government is sitting on the recommendations of the collegium and the time has come for the Supreme Court to question the executive about it, Justice Joseph said in a strongly worded letter to Chief Justice of India Dipak Misra.
Justice KM Joseph is currently the Uttarakhand High Court Chief Justice while Indu Malhotra is a senior advocate who would become the first woman to be appointed directly to the Supreme Court instead of being elevated from a lower court.
The government is sitting on the collegium’s recommendations to appoint Justice KM Joseph and Indu Malhotra as Supreme Court judges and if the apex court remains quiet now “the coming generations will not pardon” the institution, Justice Kurian Joseph has written in the letter.
Justice Kurian Joseph has urged Chief Justice Misra to question the government about its inaction. According to an Indian Express report, Justice Kurian Joseph has also recommend that CJI Misra set up a seven-judge bench to take up the matter suo moto.
Justice Kurian Joseph, it must be noted, is a part of the collegium, which is headed by Chief Justice Misra and also includes Justices J Chelameswar, Ranjan Gogoi and Madan B Lokur.
Justice Kurian Joseph is the fifth seniormost judge of the Supreme Court and his letter is the second recent instance of a Supreme Court judge writing to the Chief Justice of India about administrative matters.
Justice Jasti Chelameswar, the second seniormost Supreme Court judge, recently wrote to CJI Dipak Misra flagging government interference. In his letter, Justice Chelameswar too raised the matter of the government not acting on the collegium’s recommendations.