If someone makes a list of ‘most talked legal personalities of the country’ then I doubt that such a list would ever include the serving Chief Justices of any of the 24 High Courts (let alone small High Courts like Uttarakhand, Jharkhand or Chhattisgarh) but we right now have a beautiful exception to this general rule in the form of Hon’ble Mr. Justice K.M. Joseph who has become the contemporary baton of Independence of Judiciary. It is the general conception in the mind of people that the most brilliant legal minds always make to the apex court or rather, the most brilliant minds of legal profession are found only in the supreme court and we always forget Judges like A.P. Shah and M.C. Chagla but one name that we will not be forgotten for quite some time is that of K.M. Joseph.
The most recent development in the matter is the reiteration of the name of Mr. Joseph by the Collegium for elevation to the Supreme Court is a welcome step to many but my paranoid mind says that there can always be some extra twists in the tale but that is not the point here… Maybe K.M. Joseph will not make to the Supreme Court (a possibility in a time where possibilities of Supersession of Justice Gogoi are making rounds) or most probably he will (at least this is what I feel should happen) but he has already made his mark and contribution to this institution by giving one ‘great’ judgment. The point is that he made his choice when he gave that judgment quashing President's rule in Uttarakhand and this is what defines him now and elevation to Supreme Court as a judge is something inferior to what he has become. The title of Supreme Court judge cannot define him as he has become something more, a symbol of independence and bravery that is expected from an 'ideal judge.' Not all judges that go to Supreme Court are able to make a mark like he already has and a convenient example is of Supreme Court Justice R.K. Aggarwal who recently retired (5th May) is one of the lesser know judges than Mr. Joseph presently.
The judgment delivered by him may not be great to the extent of HR Khanna’s minority opinion in ADM Jabalpur but yes it can be compared to the valor of Justice Krishna Iyer where he could have suspended the Judgment of Allahabad High Court for the interim period in Indira Nehru Gandhi v. Raj Narain while sitting in a single judge bench during vacation in Supreme Court till the court reopens as he was a Junior judge then. But Justice Iyer gave an order curtailing her right to participate in proceedings of Lok Sabha till the final disposal of the case.
Some may argue that it would be unjustified to compare judges like Justice Jayant Patel and K.M. Joseph to the likes of H.R. Khanna or Krishna Iyer for that reason but in my view, their acts have same object and effect that is to install the confidence of people in judiciary though the degree may vary. Justice Joseph with a single judgment by striking down the President’s Rule has made it evident that not every judge toes the line with the powerful. Now it is a widely held belief that the elevation of Uttarakhand High Court Chief has been in pipeline for too long because of this judgment only and it is the only reason why the centre does not wants to clear his name but my argument is that it was this judgment that made him deserving candidate for elevation to Supreme Court. It is only the respect for the daring of this judge to take the Righteous side that whole collegium putting aside their differences is standing behind him unanimously!
The judgment delivered by him may not be great to the extent of HR Khanna’s minority opinion in ADM Jabalpur but yes it can be compared to the valor of Justice Krishna Iyer where he could have suspended the Judgment of Allahabad High Court for the interim period in Indira Nehru Gandhi v. Raj Narain while sitting in a single judge bench during vacation in Supreme Court till the court reopens as he was a Junior judge then. But Justice Iyer gave an order curtailing her right to participate in proceedings of Lok Sabha till the final disposal of the case.
Some may argue that it would be unjustified to compare judges like Justice Jayant Patel and K.M. Joseph to the likes of H.R. Khanna or Krishna Iyer for that reason but in my view, their acts have same object and effect that is to install the confidence of people in judiciary though the degree may vary. Justice Joseph with a single judgment by striking down the President’s Rule has made it evident that not every judge toes the line with the powerful. Now it is a widely held belief that the elevation of Uttarakhand High Court Chief has been in pipeline for too long because of this judgment only and it is the only reason why the centre does not wants to clear his name but my argument is that it was this judgment that made him deserving candidate for elevation to Supreme Court. It is only the respect for the daring of this judge to take the Righteous side that whole collegium putting aside their differences is standing behind him unanimously!
He is no H.R. Khanna who has sacrificed anything and if it was not for this judgment his elevation to Supreme Court would have been a distant dream as presently on 45th position on all India Seniority list of Judges. All of the legal fraternity has been calling him ‘more deserving and suitable in all respect than all Chief Justices and senior puisne judges’ because of his heroic pronouncement in 2016 which has lead to this standoff between the judiciary and the government on his appointment.
By saying this I am not trying to discredit him but yes in my view this surely is another perspective that has been ignored for quite some time now. It is opined by many that independence of the judiciary is in danger but I certainly feel that as long as such judges exist and the legal community keeps on batting for them in a vocferous manner, I am sure that this institution is safe and independent.
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