Mahima
Chief Justice of India, SA Bobde, a month before his retirement, has made the final push for the collegium to make its initial recommendation of a judge to be appointed to the Supreme Court.
The Supreme Court’s five-member collegium failed to reach a consensus regarding the elevation of High Court judges to the Supreme Court. The collegium is led by CJI and comprises Justices RF Nariman, UU Lalit, AM Khanwilkar, and NV Ramana
Those considered for elevation to the top court include Chief Justices from three High Courts and two female High Court judges.
The impasse within the collegium is triggered by the lack of consensus on recommending Justice Akil A. Kureshi who is presently the CJI of Tripura High Court.
The collegium has been unable to decide any name for the apex court because the discussion regarding Justice Kureshi has not yet been resolved.
Justice Kureshi was appointed as a Gujarat High Court judge who pronounced certain decisions against the then Chief Minister of Gujarat, Narendra Modi, and the then state cabinet minister, Amit Shah.
Centre expressed its reservations over the collegium’s recommendation of appointing Justice Kureshi as Chief Justice of Madhya Pradesh High Court due to which collegium modified its recommendation and transferred him as Chief Justice of Tripura High Court.
On the other hand, the timely elevation of Justice BV Nagarathna could give India her first female CJI in near future. Justice BV Nagarathna is a Karnataka High Court judge,
However, some members of the collegium think that recommendation of Justice Nagarathna would lead to the suppression of several HC Chief Justices.
In a report submitted by Attorney General KK Venugopal to the Supreme Court, it was noted that there is a need for balancing gender demographics in courtrooms, especially regarding sexual offenses.
The collegium can arrive at a consensus only by either (a) elevating Justice Kureshi to the Supreme Court or (b) by not elevating him.
This raises the question of whether it is fair to prefer token gender empowerment over someone who ‘has an excellent reputation for his integrity and learning’.