INDIA: LEGAL WATCH
SPUREME COURT’S INDEPENDENCE FACES SEVERE THREAT
FORMER CHIEF JUSTICE’S FLAY CENTRE’S MOVE
2018-05-01 11:05
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Last week the ongoing tussle between the Supreme Court and the Central Government over the appointment of judges took a particularly acrimonious turn, when the Centre on April 26, returned the name of Justice K.M. Joseph, Chief Justice of the Uttarakhand High Court, to the Supreme Court collegium, owing to some vague reasons, while it chose to accept the recommendation of Indu Malhotra, Senior Advocate, to be elevated. The appointment of Indu Malhotra to Supreme Court, which ought to have been a momentous occasion, since she became the first woman lawyer to be appointed to the Supreme Court directly from the Bar, was marred by the Centre’s completely illegal tactics to arm twist the judiciary, and to scuttle the nomination of Justice Thomas to Supreme Court. This is not the first time the NDA Government had segregated the names recommended by the collegium for appointment to the Supreme Court. In May, 2014, the same Government had asked the Supreme Court to reconsider the name of Shri Gopal Subramanium, Senior Advocate for allegedly ‘national security’ reasons.