Uttarakhand High Court Chief Justice KM Joseph whose name was approved by the Supreme Court Collegium will be sworn in as a Supreme Court judge at 10.30 am on Tuesday.
As per the seniority notification by the Centre, Joseph will be sworn in after Justice Indira Banerjee and Justice Vineet Saran.
The apex court's senior judges met Chief Justice of India, Dipak Misra, on Monday. The SC members and judges Justices MB Lokur, Kurian Joseph and AK Sikri lodged a protest against K M Joseph's position in the seniority list for appointment to the apex court.
The CJI has assured the judges that he will discuss the matter with the Attorney General and take it up with the Centre. "Let the oath-taking take place. There is no time. The oath-taking can't be deferred. It has to be seen what can be done later," one of the sources confirmed India Today about the discussion that took place between the CJI Misra and other judges.
As per the convention, seniority of the judges is notified with the Centre's order. The President of India, Ram Nath Kovind signed the warrants of appointment of the three judges on August 3, 2017.
Why are the judges upset?
This year in January, the unanimous Collegium resolution said Justice Joseph was "more deserving and suitable in all respects than other Chief Justices for being appointed as Judges of the Supreme Court of India".
Now, a few judges of the SC say that the government has violated the norms of the procedure for determining seniority of judges. According to the judges, the decision was taken to deliberately slight the judiciary. None of three judges is in a position to replace the CJI, and the seniority factor doesn't affect the Collegium's membership. The judges have said that the centre changing the order of seniority, however, sets a dangerous precedent.
Background
Along with Indu Malhotra, Joseph was recommended by the Collegium for elevation to the Supreme Court. The government gave the nod to Malhotra and issued the warrant of appointment for the same but returned the name of Justice Joseph. On July 16, two more names Justices Banerjee and Saran were suggested for elevation, ensuring that Justice Joseph's name remains at the top of the two new recommendations.
On Friday, the Centre issued the three warrants in which Justice Joseph's seniority was placed after Justices Saran and Banerjee. Despite the fact that his name was recommended in January, he will be treated as junior to Justices Saran and Banerjee whose names were recommended in July.
