Even though the controversy over seniority downgradation of Justice KM Joseph still rages, he will be sworn in as a Supreme Court judge at 10.30 am on Tuesday.
Even though the controversy over seniority downgradation of Justice KM Joseph still rages, he will be sworn in as a Supreme Court judge at 10.30 am on Tuesday.
The first to be sworn in will be Justice Indira Banerjee, then Justice Vineet Saran and though Justice Joseph's name was recommended first by the collegium, he is third in line, strictly going by the seniority notified by the Centre.
The deep disenchantment among senior Supreme Court judges over the Centre "downgrading" Justice Joseph, despite his name being recommended first for SC judgeship remain. But it was decided that the issue shall be resolved later, top sources said.
Judges, including members of the Supreme Court Collegium comprising Justices MB Lokur, Kurian Joseph and AK Sikri met Chief Justice of India Dipak Misra and raised their protest against Centre "tinkering with his [Justice KM Joseph's] seniority in the appointment notification" and downgrading him.
The sources said the judges were of the view that there was a need to sit together and ponder over the issue.
It is the convention that seniority of the judges is determined in accordance with the order of names notified by the government. The warrants of appointment of the three judges were signed by the President on August 3.
However, it was decided that the oath-taking ceremony should take place.
"Let the oath-taking take place. There is no time. The oath-taking can't be deferred. It has to be seen what can be done later," one of the sources said about the discussion that was held among the judges in the morning at the judges' lounge before they commenced the day's working in the apex court.
The Centre was forced to issue the notification elevating Justice Joseph to the C as the Collegium had reiterated his name on July 21 after it was rejected by the government.
The Centre's reluctance regarding Justice Joseph is widely seen as "revengeful" as he had in April 2016 as HC Chief Justice quashed the President's rule in Uttarakhand and allowed Congress to come back to power in the hill state.
The first to be sworn in will be Justice Indira Banerjee, then Justice Vineet Saran and though Justice Joseph's name was recommended first by the collegium, he is third in line, strictly going by the seniority notified by the Centre.
The deep disenchantment among senior Supreme Court judges over the Centre "downgrading" Justice Joseph, despite his name being recommended first for SC judgeship remain. But it was decided that the issue shall be resolved later, top sources said.
Judges, including members of the Supreme Court Collegium comprising Justices MB Lokur, Kurian Joseph and AK Sikri met Chief Justice of India Dipak Misra and raised their protest against Centre "tinkering with his [Justice KM Joseph's] seniority in the appointment notification" and downgrading him.
The sources said the judges were of the view that there was a need to sit together and ponder over the issue.
It is the convention that seniority of the judges is determined in accordance with the order of names notified by the government. The warrants of appointment of the three judges were signed by the President on August 3.
However, it was decided that the oath-taking ceremony should take place.
"Let the oath-taking take place. There is no time. The oath-taking can't be deferred. It has to be seen what can be done later," one of the sources said about the discussion that was held among the judges in the morning at the judges' lounge before they commenced the day's working in the apex court.
The Centre was forced to issue the notification elevating Justice Joseph to the C as the Collegium had reiterated his name on July 21 after it was rejected by the government.
The Centre's reluctance regarding Justice Joseph is widely seen as "revengeful" as he had in April 2016 as HC Chief Justice quashed the President's rule in Uttarakhand and allowed Congress to come back to power in the hill state.