Justice Joseph swearing-in: Upset SC judges meet CJI Dipak Misra

A pair of Supreme Court docket judges met Chief Justice of India (CJI) Dipak Misra on Monday about the topic of the executive superceding the Collegium to alter the seniority of Justice Okay.M. Joseph, who’s scheduled to seize oath as Supreme Court docket think, 1/3 in line to Justices Indira Banerjee and Vineet Saran.Sources within the court docket said the CJI told the judges that he would seize up the topic with the executive and meet with Attorney Identical old Okay.Okay. Venugopal.The three judges are scheduled to be sworn in at the Supreme Court docket within the CJI’s court docket on August 7 at 10.30 a.m. Sources said it was once unlikely that there would be a substitute within the time desk within the light of the controversy over Justice Joseph’s seniority. The oath ceremony circular had been issued. In step with the circular, Justices Banerjee and Saran would seize precedence over Justice Joseph.Though the Collegium of Chief Justice Dipak Misra, Justices Ranjan Gogoi, Madan B. Lokur, Kurian Joseph and A.Okay. Sikr, on July Sixteen, one by one reiterated Justice Joseph’s name as Supreme Court docket think, an August 3, 2018 communication from the Department of Justice to the Secretary Identical old of the Supreme Court docket said the President has directed that the oath of affirmation desires to be administered first to Justice Banerjee, then Justice Saran and at final to Justice Joseph. Round clearly complies with President’s direction The oath ceremony circular issued by the Supreme Court docket clearly complies with the President’s direction.The Collegium, which had one by one reiterated Justice Joseph’s name and done so before recommending the names of Justice Banerjee and Saran, had made its diagram sure that they wanted Justice Joseph to be ranked senior within the Supreme Court docket to the opposite two judges.Here is the 2d time that Justice Joseph has been superceded as Supreme Court docket think.The first time was once when his name was once initially advised by the Collegium to the Supreme Court docket in conjunction with Indu Malhotra, then a senior point out, on January 10 this year. Because the sitting Chief Justice of Uttarakhand High Court docket, Justice Joseph ranked senior to Ms. Malhotra, who was once an instantaneous possibility from the Bar. However the executive returned Justice Joseph’s file and appointed Ms. Malhotra as Supreme Court docket think in April.On the opposite hand, this transformation of seniority doesn’t whatsoever bear an affect on Justice Joseph’s tenure within the Supreme Court docket. He would rise within the apex court docket hierarchy to preside over court docket number three before retiring on June Sixteen, 2023. Both Justices Banerjee and Saran would retire in 2022.Justice Joseph, as Uttarakhand Chief Justice, authored the judgment that quashed the President’s rule within the Train and restored the Congress executive.