'Centre within rights to send back judge’s name for reconsideration', says Supreme Court

The government has returned to the Supreme Court collegium its recommendation to elevate Justice K M Joseph to the top court. The Centre has asked the collegium to reconsider its decision.

The Centre while clearing the name of Indu Malhotra had kept the recommendation regarding Justice Joseph on hold. Meanwhile, the Supreme Court rejected a petition that sought a stay on making Indu Malhotra the judge of the Supreme Court.

While rejecting the plea filed by Indira Jaisingh, senior advocate, the court said that the government is well within its right to send back a judge's name for the recommendation and in such an eventuality the Collegium will deal with it in accordance with the judicial precedent and Constitution.

The Bench frowned upon the petition and said that such a thing is unimaginable, unthinkable, inconceivable and, to say the least, never heard of. "Constitutional propriety demands that warrant of appointment of Indu Malhotra be implemented," the Bench headed by Chief Justice of India, Dipak Misra said.

The stay was sought on the ground that the government had stalled the elevation of Justice Joseph despite the Collegium recommending his name. Jaisingh in the petition also said that over 100 lawyers had signed the petition questioning the government's decision.

"We all know why the government is stalling Justice K M Joseph's appointment. It is because he gave a judgment quashing imposition of president rule in Uttarakhand," she also said.