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Regular-article-logo Wednesday, 30 April 2025

Cloud on collegium

Friday's revolt against Chief Justice of India Dipak Misra by the four other senior-most Supreme Court judges can vitiate future functioning of the five-member collegium, of which they all are members.

Our Legal Correspondent Published 13.01.18, 12:00 AM

New Delhi: Friday's revolt against Chief Justice of India Dipak Misra by the four other senior-most Supreme Court judges can vitiate future functioning of the five-member collegium, of which they all are members.

The apex court collegium performs the crucial task of recommending judicial appointments and transfers.

On Wednesday, all the five judges had sat together in a cordial collegium meeting that unanimously nominated two candidates for the posts of Supreme Court judges besides clearing a dozen high court appointments.

That they did so despite their simmering differences is a tribute to all five judges' dignified commitment to their duty.

But the collegium's meetings could now turn acrimonious given the unprecedented public spat witnessed on Friday afternoon, with the CJI pitted against the other four.

According to convention, all appointments, promotions and transfers are cleared unanimously. A candidate is dropped even if one member of the collegium opposes his or her appointment.

Nor does the memorandum of procedure (MoP) that guides the appointments and transfers of judges suggest what can be done in case of differences among the judges.

 

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