Letter to the Editor

Judicial riddles

P Arihanth

Sir — This refers to the editorial, “Justice delayed” (April 28). The Union Government’s case against Justice KM Joseph is not convincing. The law Minister’s reasons for sending back Justice Joseph’s recommendations do not carry real weight. Remember, Justice Joseph had upset the Union Government’s plans while reinstating the Harish Rawat Government after President’s Rule was declared. After all, Judges are expected to decide matters on merit and Governments cannot expect favourable rulings merely because both judiciary and executive are the arms of the state.

It is also surprising to see seniority being invoked suddenly in this case. There are numerous examples where Judges of High Courts were elevated to the Supreme Court despite not being the senior-most as per all-India seniority. The manner and context in which the collegium’s recommendation has been treated by the executive raises a real and immediate threat for the independence of the judiciary.