Along with Uttarakhand High Court Chief Justice KM Jospeh, the name of Justice Indu Malhotra had also been recommended by the court which was cleared by the government. The next meeting will be held on May 16 evening.
The Centre on April 26 returned the collegium's recommendation to elevate justice Joseph on the grounds that the proposal was not in accordance with the top court's parameters.
The meeting of the collegium was called by CJI Dipak Misra a day after Justice Chelameswar wrote to him seeking an early meeting of the collegium.
The resolution uploaded on the Supreme Court website says, the collegium met to consider reiteration of the recommendation dated 10th January, 2018 for elevation of Mr. Justice K.M. Joseph, Chief Justice, Uttarakhand High Court [Parent HC: "Kerala] as Judge of the Supreme Court; to consider names of High Court Judges for elevation as Judges of the Supreme Court". It is learnt that the government has to follow the guidelines laid down by the apex court in its 1993 and 1998 judgements relating to the appointment of judges to the higher judiciary. If the Collegium sends it back a second time, as in the present case, the Centre is bound to accept the recommendation. However, the agenda for Friday's meeting dropped the term "fair representation" and simply stated that the collegium was "to consider names of HC judges for elevation as judges of the SC".
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Reacting to the Centre's response, CJI Misra had said the government is "within its rights" to send back a name for reconsideration.
Justice Chelameswar, who retires on June 22, was also understood to have responded to all the points raised in the communication to the CJI by Law Minister Ravi Shankar Prasad expressing reservations on the elevation of Justice Joseph.
The 15-minute meeting, which has a monopoly over the appointment of judges to constitutional courts, was marred by Justices Chelameswar and Kurian Joseph making a strong pitch for reiteration of Justice K M Joseph's name and insisting that his name be sent alone to the government for quick elevation.
"Had it been the case, why would had we approved Justice JS Khehar's name for elevation as CJI previous year", he said, recalling that Justice Khehar was part of the bench which rejected the government's controversial National Judicial Appointments Commission (NJAC) Bill.