New Delhi: Justice K M Joseph took oath as the judge of the Supreme Court on Tuesday along with Justices Indira Banerjee and Vineet Saran amid a row with the Centre over his seniority being lowered on his elevation.
The elevation of Justice Joseph put an end to a protracted stand-off between the Centre and the judiciary but the former’s decision to lower his seniority created a fresh controversy despite his name being first recommended months before the other two judges.
Justice Joseph, who as the Chief Justice of the Uttarakhand High Court had quashed the imposition of President’s Rule by the NDA government in the hill state in 2016 when it was ruled by the Congress, was sworn in after Justices Banerjee and Saran.
While Justice Banerjee was the Chief Justice of Madras High Court, Justice Saran was the Chief Justice of the Odisha High Court. Justice Banerjee is the eighth woman judge in the Supreme Court since Independence.
The apex court will now for the first time in its history have three sitting women judges–the others being justices R Banumathi and Indu Malhotra.
Apex court sources said several judges including members of the collegium lodged a protest on Monday with Chief Justice of India Dipak Misra over the seniority issue involving Justice Joseph.
However, in the “informal” meeting of the judges on Monday, sources said it was decided that the oath-taking ceremony should first take place before their concerns could be addressed.
Except for Justice Ranjan Gogoi, a member of the apex court collegium who was on leave, others had “informally” deliberated on the Centre’s decision to lower the seniority of Justice K M Joseph, the sources said.
The CJI, who heads the collegium, assured the judges that he would consult Justice Gogoi who is the senior most after him and take up the issue with the Centre, the sources added.
The swearing-in ceremony started at 10.30 am in the CJI’s courtroom with Justice Banerjee the first to take oath followed by Justice Saran and then Justice Joseph.
The oath of office and secrecy was administered by Justice Misra in a packed courtroom in the presence of all the judges, law officers and advocates. Family members of the three judges were also present.
With the appointment of the three judges, the total strength of the apex court goes up to 25 against the sanctioned strength of 31.
The Law Ministry on August 2 forwarded Justice Joseph’s file to the President for his assent. (PTI)
