New Delhi, April 26: A day after Narendra Modi led Centre okayed senior advocate Indu Malhotra’s elevation as a Supreme Court judge, former Finance Minister P Chidambaram seems delighted as well as disappointed over Justice KM Joseph’s name not being cleared by the government.
The Apex Court Collegium had recommended the names of both Malhotra and Justice KM Joseph for elevation to the top court.
Chidambaram in a series of tweets raised questions on Justice Joseph’s appointment.
The Congress leader asked why the Central government had not cleared KM Joseph’s name.
“What is holding up Justice K M Joseph’s appointment? His State or his religion or his judgement in the Uttarakhand case?”
As the law stands now, the recommendation of the SC collegium is final and binding in the appointment of judges.
Is the Modi government above the law?
— P. Chidambaram (@PChidambaram_IN) April 26, 2018
In another tweet, he said “As the law stands now, the recommendation of the SC collegium is final and binding in the appointment of judges”,
Is the Modi government above the law?, Chidambaram asked.
His remarks added to the long-standing discourse over the Modi government’s alleged disfavour towards Justice Joseph, who in 2016 pronounced a verdict critical of the Centre.
Joseph had set aside President’s rule in Uttarakhand by bringing back the Congress government in the state.
Meanwhile, Congress leader Randeep Singh Surjewala also raised 2016 Uttarakhand decision saying “PM Modi’s ‘revenge politics’ qua judiciary & ‘conspiratorial suffocation’ of Supreme Court exposed again. J. Joseph is India’s Sr most CJ. Yet Modi Govt refuses to clear his elevation to SC as retribution for quashing presidential rule in Uttrakhand? “.
Not only this, he further stated “Modi Govt. Is a habitual offender of trashing ‘judicial integrity’ & ‘constitutional supremacy’ of institutions. In June 2014, they refused to clear noted jurist G.Subramaniam’s name for elevation to SC as he was a lawyer against Amit Shah & Co”.
Reacting to Indu Malhotra’s elevation, former Additional Solicitor General tweeted “I appeal to the Chief Justice of India not to swear in Indu Malhotra until Justice Joseph is cleared for the appointment, independence of the Judiciary must be saved at all cost”.