SC collegium says no scope for rethink on 3 HC CJ's elevation

Coming out against automatic elevation of HC Chief Justices to Supreme Court based on seniority, the apex court collegium has insisted on promotion of three judges recommended by it, disregarding Centre's plea for reconsideration. Returning to the Law Ministry the government's note for a relook, the collegium has once again forwarded the names of Kerala HC Chief Justice H L Dattu, Madras HC Chief Justice A K Ganguly and Patna HC Chief Justice R M Lodha for elevation to the apex court. Ministry officials remained tight-lipped on what would be the next course of action but legal experts said government has no choice but to now forward the names recommended by the SC collegium to the President for approval. The collegium, a panel of five judges headed by the Chief Justice K G Balakrishnan, underlined the fact that its decision was based on several factors other than seniority. The CJI has contended that seniority was only one among several criteria for promoting judges to the top court and stressed the importance of merit. Last week, the file had been sent back to the Chief Justice after the Prime Minister's Office (PMO) sought some clarification on the basis of which the proposed list of judges for elevation was prepared.

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