May 9, 2019:
The two names recommended earlier were sent back by the Government for reconsideration.
The collegium, a body of the Supreme Court’s top five Judges headed by the Chief Justice of India (CJI), had recommended the elevation of Jharkhand High Court Chief Justice Aniruddha Bose and Gauhati High Court Chief Justice AS Bopanna, according to its April 12 resolution.
Justice Bose, whose parent High Court is Calcutta, is at number 12 in the all-India seniority of judges. Justice Bopanna, whose parent High Court is Karnataka, stands at number 36.
The Centre had returned the Supreme Court Collegium’s recommendation to elevate two judges to the Apex Court over the issue of seniority, asking the body to reconsider its decision.
Now the names are being sent back after reconsideration.
SC Collegium Resolution dt 9.5.2019 for Reconsideration of Two names sent (Downloadable PDF)
SC Collegiun said-
''We have carefully considered the observations made by the Department of Justice in the aforesaid file while referring back to the Collegium, for reconsideration, the recommendation made by us on 12th April, 2019 for appointment of (1) Mr. Justice Aniruddha Bose, Chief Justice, Jharkhand High Court (PHC: Calcutta) and (2) Mr. Justice A.S. Bopanna, Chief Justice, Gauhati High Court (PHC: Karnataka), as Judges of the Supreme Court.The Collegium is of the view that, as laid down by the Supreme Court in its Opinion in Re: Special Reference No.1 of1998 reported in (1998) 7 SCC 739, though inter-se seniorityamongst Judges in their High Courts and their combined seniority on all-India basis should be given due weightage, merit should be the predominant consideration. The Collegium accordingly kept in mind these parameters while recommending the above two names.
In view of the above, on due consideration of all the aspects mentioned in the file, the Collegium resolves to reiterate the afore-mentioned recommendation dated 12th April, 2019, especially since nothing adverse regarding competence, conduct or integrity of Mr. Justices (1) Aniruddha Bose, and (2) A.S. Bopanna, has been pointed out.''
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