The Law ministry has sent back the Supreme Court collegium recommendation for elevating Uttarakhand Chief Justice K.M. Joseph and Senior Advocate Indu Malhotra as Supreme Court Judges.
Justice Jospeh is the Uttarakhand Chief Justice who had quashed the imposition of President's Rule in the state. Senior advocate Indu Malhotra would have been the first woman lawyer to be directly appointed as a judge of the top court.
The Law ministry has sent back the Supreme Court collegium recommendation for elevating Uttarakhand Chief Justice K.M. Joseph and Senior Advocate Indu Malhotra as Supreme Court Judges.
According to a report by The New Indian Express, the Union Ministry has sent back the recommendations to the CJI without forwarding them to President Ram Nath Kovind for issuing warrants of appointment. The reason is unclear as of now.
A Supreme Court collegium headed by Chief Justice of India Dipak Misra had sent the recommendations to the Law ministry on January 22, this year.
In a collegium meeting held on January 10 between the CJI and top four senior-most judges --Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph-- the name of Justice K.M. Joseph, who was part of Uttarakhand high court bench which in 2016 had quashed the imposition of President's Rule in the state, was cleared for elevation to the apex court.
Justice Joseph was appointed as Permanent Judge of the Kerala High Court in 2004 and later transferred to Uttarakhand High Court where he assumed charge in 2014 as Chief Justice.
Malhotra, on the other hand, who was designated as a senior advocate in 2007, would have been the first woman lawyer to be directly appointed as a judge of the top court, instead of being elevated from a high court.
She would also have been the seventh woman judge since independence to make it to the Supreme Court. At present, Justice R Banumathi is the lone woman judge in the apex court.
In 2016, the Supreme Court had sent back to the government all the 43 names its collegium had recommended for appointment to high court but were rejected by the Centre.
The 43 names were part of a list of 77 that the collegium had recommended to the government. The law ministry, however, sat on it and later rejected, before the SC collegium sent it again.
According to the current norms, the centre cannot reject the recommendations after it is sent back by the SC collegium.
Since Independence, only six women judges have made it to the top court as judges and the first appointment was of Justice M Fathima Beevi in 1989, 39 years after the setting up of the Supreme Court in 1950.
Justice Fathima Beevi was elevated to the apex court after her retirement as a judge of the Kerala High Court. After serving the top court till April 29, 1992, she was later appointed as the Governor of Tamil Nadu.
The second woman judge in the Supreme Court was Justice Sujata V Manohar who started her career as a judge from the Bombay High Court and rose to become the Chief Justice of the Kerala High Court. She was elevated to the apex court where she remained from November 8, 1994 till August 27, 1999.
Justice Ruma Pal followed Manohar after a gap of almost five months and became the longest-serving woman judge from January 28, 2000 to June 2, 2006.
After her retirement, it took four years to appoint the next woman judge. Justice Gyan Sudha Misra was elevated to the Supreme Court from Jharkhand High Court where she was the Chief Justice. Her tenure in the apex court was from April 30, 2010 to April 27, 2014.
During her stint, she was joined by Justice Ranjana Prakash Desai, who served the apex court between September 13, 2011 to October 29, 2014. These two judges also created a history by holding the court together as an all-women bench for a day in 2013.
Justice Banumathi, who at present is the only sitting woman judge, had joined on August 13, 2014 and would retire on July 19, 2020.
In the 67-year history of the Supreme Court, there have been only two occasions when it has had two sitting women judges together, the first being Justices Misra and Desai and later Justices Desai and Banumathi.
(Inputs from agencies)