May 8, 2019: The Ministry of Law and justice returned the names of the two Hich Court Judges due to lack of seniority. The five judges Collegium on April 12, 2019, recommended the names of the Justice Aniruddha Bose and Justice A.S. Bopanna for their elevation to the Supreme Court after considering their “merit and integrity, combined seniority on the all-India basis of Chief Justices and senior puisne Judges of High Courts”. It is understood that the Collegium already considered the seniority, therefore the Collegium may recommend the names again for the second time. Previously, in the same way, the Union Government objected the elevation of Justice K M Joseph for lack of seniority but accepted the same when recommended for the second time.
The original recommendation has been given below :
SUPREME COURT OF INDIA
Re: Appointment of Judges in the Supreme Court.
Against the sanctioned strength of 31 Judges, the Supreme Court of India is presently functioning with 27 Judges, leaving 04 clear vacancies. Pursuant to rounds of extensive discussion and deliberations, the Collegium unanimously resolved to fill up, for the present, two of the four existing vacancies. The Collegium has discussed names of Chief Justices as well as senior puisne Judges of all High Courts, eligible for elevation to the Supreme Court. The Collegium is of the considered view that at present the following persons are more deserving and suitable in all respects than other Chief Justices and senior puisne Judges of High Courts, for being appointed as Judges of the Supreme Court of India:
- Mr. Justice Aniruddha Bose,
Chief Justice, Jharkhand High Court
(PHC: Calcutta) and -
Mr. Justice A.S. Bopanna,
Chief Justice, Gauhati High Court
(PHC: Karnataka).
The Collegium, therefore, recommends that Mr. Justices Aniruddha Bose and A.S. Bopanna be appointed as Judges in the Supreme Court of India. 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.
Mr. Justice Aniruddha Bose was appointed as a Judge of the Calcutta High Court on 19th January, 2004 and was elevated as Chief Justice of Jharkhand High Court on 11th August, 2018. Mr. Justice Bose stands at Sl. No.12 in the combined seniority of High Court Judges on all India basis.
Mr. Justice A.S. Bopanna was appointed as a Judge of the Karnataka High Court on 6 th January, 2006 and was elevated as Chief Justice of Gauhati High Court on 29th October, 2018. Mr. Justice Bopanna stands at Sl. No.36 in the combined seniority of High Court Judges on all India basis.
In view of the foregoing, the Collegium resolves to recommend that appointments be made in the following order:
- Mr. Justice Aniruddha Bose, and
- Mr. Justice A.S. Bopanna.
( Ranjan Gogoi ), C.J.I.
( S.A. Bobde), J.
( N.V.Ramana), J.
( Arun Mishra ), J.
( R.F. Nariman ), J.
New Delhi,
April 12, 2019.