Delay casts its shadow on Supreme Court’s collegium meet

New Delhi, Aug 04: The Union Law Ministry on Wednesday wrote to Chief Justice of India, N V Ramana to name his successor. However the customary missive was late, which has now cast a long shadow on the meetings of the Supreme Court's collegium.

A deadlock compelled the CJI to leave it to his successor to preside over the next collegium meeting at a time when some key decisions on vacancies in the Supreme Court and the appointment of chief justices of High Courts had to be taken, a report in the Hindustan Times said.

A senior of the collegium which comprises the top five judges of the Supreme Court is said to have put up a quiet opposition, the report also said. Justice Ramana's term as CJI comes to an end on August 26 following which Justice Uday U Lalit will take over.

The Law Ministry as a matter of convention writes to the CJI a month before the latter's retirement. The letter is written to seek the name of his or her successor following which the incumbent writes back sending the recommendation to the ministry 30 days before the retirement. Custom says that the name of the senior most judge of the Supreme Court is recommended.

The report said that the delay by the Law Ministry in writing the letter to the CJI held up meetings of the collegium as the members did not approve of the delay. The collegium meeting did place on Wednesday, but lasted a few minutes.

The Union Minister of Law and Justice would, at the appropriate time, seek the recommendation of the outgoing CJI of India for the appointment of the next CJI. After receipt of the recommendation of CJI, the Union Minister of Law and Justice will put up the recommendation to the Prime Minister who will advise the President in the matter of appointment," the Memorandum of Procedure read.

On Tuesday, the collegium held a 75 minute long meeting which remained inconclusive. The CJI then decided to call for a meeting on Wednesday to deliberate on a resolution, but that remained inconclusive as well.

Following the retirement of Justice Ramana the Supreme Court would have 30 judges as opposed to the sanctioned strength of 34. Justice Lalit is expected to be sworn in on August 27 as the 49th CJI and he would have a tenure of less than three months.

Justice Lalit is the only judge after Justice S M Sikri to be elevated from the bar who goes on to become the CJI. Justice Lalit was appointed judge of the Supreme Court in August 2014. Justice Sikri was the CJI between 1971 and 1973.