SC Refuses To Stay Indu Malhotra’s Appointment As Top Court Judge

“How can we say ‘you accept all or reject all’. How will courts function that way?” CJI Dipak Misra said.

File photo of Supreme Court of India. 

(Photo: Reuters)

The Supreme Court rebuked lawyers who wanted a stay on warrant of appointment of Senior Advocate Indu Malhotra as judge of apex court on Thursday, 26 April, stating that it was against “constitutional propriety”.

The apex court refused to stay the appointment of Justice Malhotra on the ground that the Centre has stalled the appointment of Uttarakhand Chief Justice KM Joseph. Just minutes later, Justice Malhotra was appointed as a SC judge.

Chief Justice of India Dipak Misra said it was "unthinkable, unimaginable, inconceivable" to stay the Presidential warrant for appointment of Malhotra as SC judge.

Four names are sent for appointment of SC judges, and only two are cleared by the government. How can we say ‘you accept all or reject all’. How will courts function that way?

Dipak Misra, Chief Justice of India

Over a hundred lawyers have reportedly signed a resolution seeking urgent convening of Supreme Court Bar Association (SCBA) meeting to discuss the controversies over the appointment of judges.

Justice Chandrachud said that it was against “constitutional propriety” to reject Justice Malhotra’s name, adding that it will not affect Justice Joseph’s career.

Indu Malhotra’s appointment first will not affect Justice KM Joseph’s career. But it is a problem when some names are cleared and others have to be reiterated. The latter ends up being juniors to the former.

(With inputs from Live Law)

(This is a developing story. The copy will be updated with more details.)