New Delhi: The Supreme Court collegium has not met for over a fortnight now despite its May 16 assurance to reconvene at the "earliest", prolonging the uncertainty over Uttarakhand Chief Justice K.M. Joseph's elevation to the top court.
A meeting of the five-judge panel appears unlikely this week too.
Sources told The Telegraph that Chief Justice of India (CJI) Dipak Misra had not yet convened a formal meeting of the collegium that also includes the court's next four senior-most judges - Justices J. Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurien Joseph.
All five judges are out of the national capital, now that the court has gone into summer recess.
The collegium had last met on May 16, when the panel decided "on principle" and "unanimously" to reiterate Justice K.M. Joseph's name for elevation following the Centre's decision to put on hold the promotion.
The panel had later issued a formal resolution, which said "the meeting stands deferred to be held at the earliest".
But the collegium had deferred a formal decision on sending the file relating to the elevation. It had added a rider too: that the judge's name would be sent to the government along with the names of other high court chief justices or judges for elevation.
The result has been Justice K.M. Joseph's name has not been sent for reiteration yet.
There are, however, indications that the five judges might be back in Delhi in the second week of June. If that happens, the collegium might sit in the third week of this month to decide finally on sending the file on Justice Joseph to the government.
But the meeting has to be held before June 22, when Justice Chelameswar retires. This is because after June 22, the collegium would have to be reconstituted, with Justice A.K. Sikri, the court's sixth senior-most judge, replacing Justice Chelameswar on the panel.
While Justice Sikri's induction into the collegium would be automatic, sources said the process of reiterating Justice Joseph's name would have to start afresh.
But all ifs and buts would arise only if the existing collegium does not meet before June 22.
The Centre had on April 26 cleared the elevation of senior advocate Indu Malhotra while putting on hold the elevation of Justice K.M. Joseph, although both the proposals had been sent in January this year. Malhotra was sworn in as a judge of the apex court on April 27.
Many believe that Justice Joseph may have angered the Centre by quashing President's rule in Uttarakhand in April 2016.
Under the memorandum of procedure on appointment of judges, the government is bound to accept a name once the collegium reiterates it. But there is no time limit for such appointments.
While seeking a rethink on Justice Joseph's elevation, the Centre had asked the collegium to consider adequate representation for Scheduled Castes, Scheduled Tribes and minorities as well as regional representation.
The Centre had also argued that 41 other high court judges, including 11 chief justices, who were senior to Justice Joseph had been overlooked.
It had contended too that Justice Joseph's parent high court - in Kerala - was over-represented in the apex court compared with some other high courts.
The Centre's move was, however, seen as a delaying tactic. According to rules and conventions, merit is also taken into account when elevating judges, not seniority alone.
