New Delhi: The Supreme Court collegium is said to have taken a dim view of potential high court judge Nagendra Ramachandra Naik’s decision to contest the Karnataka assembly elections, ThePrint has learnt.
Naik is an advocate whose name the collegium has repeatedly recommended for elevation as a judge of high courts.
Sources in the Supreme Court said that the collegium — a high-powered panel headed by the Chief Justice of India (CJI) that proposes names for elevation to high courts — felt Naik, who contested last week’s Karnataka elections as a Janata Dal (Secular) candidate, should have avoided participating since his name was still pending with the central government for judgeship.
The development is significant especially since Naik’s elevation as judge has been a matter of some controversy.
In January this year, the collegium headed by CJI D.Y. Chandrachud recommended his name for an unprecedented third time despite the Modi government’s objections.
The other judges on the collegium are Justices S.K. Kaul, K.M. Joseph, Ajay Rastogi and Sanjiv Khanna.
Reiterating his name for the third time in January, the collegium asserted that the government is bound to notify his appointment according to the court’s memorandum of procedure.
Naik contested the election from Bhatkal and secured only 1,502 votes — less than 1 per cent of the total ballots polled in the assembly seat.
“Ideally, he should not have fought elections, particularly when his name is under consideration for elevation. And, even if he wanted to do so, he should have informed the collegium about it,” a source said.
Another source privy to the developments added that the collegium is considering whether to recall its recommendation for Naik’s elevation. “Discussions were held between the collegium members. A final decision is awaited,” the source said.
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Collegium’s recommendation, govt’s objections
Naik’s name was first recommended in October 2019 by the collegium headed by then CJI S.A. Bobde. This resolution was reiterated on 2 March 2021, after the Modi government returned Naik’s file with its objections.
On 1 September 2021, the collegium, then headed by CJI N.V. Ramana, reiterated his name for the second time, but in November 2022, the central government yet again conveyed its reluctance to appoint Naik.
In January this year, the collegium wrote an extensive response while reiterating his name for the third time. In this letter, it reminded the Union Law Ministry that judicial decisions and the MoP bind the government to notify the appointment of names reiterated by the collegium.
Citing the top court’s 1993 judgment on MoP, the collegium said its reiteration is binding on the government.
More names recommended
Meanwhile, the SC collegium of top five judges has made two recommendations for appointments to the apex court. One of the two names suggested is that of senior advocate K.V. Viswanathan.
Born on 16 May 1966, Viswanathan will be in office till 25 May 2031 as a judge of the top court. In case his appointment is cleared by the government, he will also go on to become Chief Justice of India after the retirement of Justice J.B. Pardiwala on 11 August 2030.
“His wide experience and profound knowledge will provide a significant value addition to the Supreme Court,” the collegium-led by CJI Chandrachud observed in its resolution.
If confirmed, Viswanathan would be the tenth lawyer to be appointed directly from the Bar and fourth such person to become the CJI, following Justices S.M. Sikri (retired), U.U. Lalit (retired) and P.S. Narasimha (yet to become CJI).
The second name that the collegium has recommended is that of Andhra Pradesh Chief Justice Prashant Kumar Mishra, whose parent HC is Chhattisgarh.
“Besides according representation to the state of Chhattisgarh, the appointment of Justice Prashant Kumar Mishra will provide a value addition in terms of his acquired knowledge and experience. Justice Mishra is a judge with integrity,” the collegium’s resolution said.
The two recommendations have been made in view of the vacancies that arose with the retirement of Justices Dinesh Maheshwari and M.R. Shah.
While the former retired last week, the latter retired Monday.
With the two judges demitting offices, the working strength of the apex court had come down from 34 to 32.
Four more vacancies are expected to arise by the second week of July.
(Edited by Uttara Ramaswamy)
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