The Centre has disagreed with the Supreme Court Collegium's recommendation to confirm the elevation of Jharkhand High Court chief justice Aniruddha Bose and Gauhati High Court chief justice A S Bopanna as judges of the SC, sources have said.
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- Govt has returned to the Collegium names of two HC chief justices recommended for elevation as judges of Supreme Court
- Centre disagreed with recommendation to confirm elevation of Jharkhand HC chief justice Aniruddha Bose and Gauhati HC chief justice A S Bopanna
- Centre has cited seniority as the reason, sources have said
The Centre has returned to the Collegium names of two high court chief justices recommended for elevation as judges of the Supreme Court, sources aware of the development have said.
The government reportedly disagreed with the Supreme Court Collegium's recommendation to confirm the elevation of Jharkhand High Court chief justice Aniruddha Bose and Gauhati High Court chief justice A S Bopanna as judges of the Supreme Court, sources said.
On April 12, the Supreme Court Collegium had recommended the two names for elevation to the Supreme Court.
The sources, however, are not clear about the reason for the decision to return the recommendations. It is learnt that the principle of seniority was not applied and that regional representation formed the basis for the decision, sources have said.
A source familiar with the elevation process said Justice Bose stood at serial number 12 and Justice Bopanna at 36 in the combined seniority of High Court judges on all-India basis. Justice Bose is from Calcutta High Court and Justice Bopanna from the Karnataka High Court.
As per record, there is only one judge, Justice Indira Banerjee in the Supreme Court, who has moved from the Calcutta High Court.
But there are two judges from the Karnataka HC, Justices Mohan M Shantanagoudar and S Abdul Nazeer, in the top court. The five-judge Collegium headed by the CJI had recommended the elevation of these two judges.
Last year, the government had returned Justice Bose's name to the collegium when he was recommended to head the Delhi high court.
"While recommending the names of Mr Justices Aniruddha Bose and A S Bopanna, the collegium has taken into consideration, apart from their merit and integrity, combined seniority on all-India basis of chief justices and senior puisne judges of high courts."
"The collegium has also kept in mind the desirability of giving due representation on the bench of the Supreme Court, as far as possible, to all the high courts," the collegium resolution had read.
At present, the Supreme Court has a working strength of 27. Its sanctioned strength is 31 judges, including the chief justice.
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