Doors have not yet closed on the elevation of Uttarakhand High Court Chief Justice KM Joseph to the Supreme Court. Even though the Centre has returned the name for reconsideration to the Collegium, if the Collegium reiterates its proposal, the Centre will have no choice but to comply with the same.
This was held by the nine-judge Bench while answering the Presidential Reference in 1998 after certain doubts arose over the working of the Collegium system of judicial appointments introduced by the apex court in its 1993 decision in the SC Advocates on Records Association case.
The judges said, “If after due consideration of the reasons disclosed (by Govt) to the Chief Justice of India, that recommendation is reiterated by the Chief Justice of India with the unanimous agreement of the Judges of the Supreme Court consulted in the matter, with reasons for not withdrawing the recommendation, then that appointment as a matter of healthy convention ought to be made.” Such a reiteration has to be unanimous and only then the appointment is to be made.
The judgment further stated that in exceptional cases alone, for stated cogent reasons, disclosed to the CJI, indicating that the recommended candidate is not suitable for appointment that the CJI will consider not to reiterate the appointment. If on reiterating the Government is bound to appoint although there is no prescribed time limit for the Government to act on the recommendation. Due to this reason, the executive has little role in appointment of judges.