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    Justices Indira Banerjee, Vineet Saran and KM Joseph sworn in as Supreme Court judges

    Synopsis

    The swearing-in ceremony started at 10.30 AM in the CJI's courtroom and Justice Banerjee was the first to take oath followed by justices Saran and Joseph.

    Supreme Court
    With the appointment of the three judges, the total strength of the judges in the apex court has gone up to 25 against the sanctioned strength of 31.
    The crisis in the Supreme Court over justice KM Joseph losing seniority blew over on Tuesday with Joseph taking oath after justices Indira Banerjee and Vineet Saran, in the order specified in the government notification.

    The government had insisted that it had strictly gone by the seniority rule, which is determined by the date a judge becomes a high court judge.

    But many top court judges felt justice Joseph should have been accorded seniority because the SC collegium had recommended his name ahead of the other two judges sworn in on Tuesday.

    CJI Dipak M i s r a o n M o n d a y shared these concerns with A G K K Venugopal but the government stuck to its stand. On Tuesday, Misra administered oath of office to the three in a jam-packed court-room. All eyes were on Joseph.

    His elevation had been mired in controversy ever since he, as Uttarakhand HC chief justice, struck down imposition of President’s Rule in Uttarakhand by the NDA government in 2016.

    A collegium recommendation to transfer Joseph to Hyderabad did not go through as the government kept sitting on his file. Later when the collegium proposed his elevation to the SC, the government returned it on the ground that those senior to him had been overlooked. The law ministry also argued that certain high courts were not represented in the Supreme Court. The collegium, comprising the CJI and the next four senior-most judges, overruled the government’s objections and reiterated Joseph’s name.

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    ( Originally published on Aug 07, 2018 )
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