Here's your 10-point cheatsheet to this big story:
Here's your 10-point cheatsheet to this big story:
- Senior Congress leader P Chidambaram directly accused the government of violating the law. "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?" he tweeted.
- The Congress leader also questioned whether the hold-up was because of "his state or his religion or his judgement in the Uttarakhand case".
- The government's stasis on Justice Joseph has been linked by critics to his verdict in 2016 that cancelled President's rule in Uttarakhand and allowed the Congress government of Harish Rawat to return to power.
- A month after this verdict, Justice Joseph was recommended for the joint high court for Andhra Pradesh and Telangana - a bigger role - but the centre held back its approval.
- Government sources have offered a justification for the silence on Justice Joseph. The law ministry, say sources, felt the Supreme Court committee did not go by seniority in recommending Justice Joseph, who is 45th in line.
- While recommending Justice Joseph, the collegium had said the judge was considered "more deserving and suitable in all respects than other Chief Justices" and senior judges of High Courts.
- Former Solicitor General Indira Jaising, in tweets, urged Chief Justice of India Dipak Misra not to swear in Indu Malhotra until Justice Joseph's appointment was cleared. "Independence of the judiciary must be saved at all cost," wrote the senior lawyer. Indu Malhotra is expected to take oath later this week.
- Several such appeals have been clamouring for the Chief Justice's attention this year. Earlier this month, Justice Kurien Joseph had written to him on the delay in the appointment of the judges, and commented that the "very life and existence" of the Supreme Court is under threat. A similar letter was written by Justice Jasti Chelameswar last month.
- Yesterday, hours before the government cleared Indu Malhotra's appointment, Justices Ranjan Gogoi and Madan Lokur - both members of the Supreme Court collegium - asked Chief Justice Misra to call a "full court" of all judges to discuss "institutional issues and the future of the court". The Chief Justice has not responded to the letter.
- In January, all four judges had gone public with their concern that "administration of the Supreme Court is not in order". Among the worries they had flagged was a threat to the Supreme Court's integrity.
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