Justices Chandrachud & Justice Nazeer Objected To Proposal, Didn't Provide Reasons Or Alternative Suggestions- Read Collegium Resolution
The Supreme Court collegium has published a resolution passed on Sunday, October 9, 2022. As per the resolution, since the Law Minister has requested the CJI to nominate his successor, the unfinished work in the meeting called for September 30, 2022 is closed without any further deliberation.
The resolution signed by the 5 Judges says that though the name of Justice Dipankar Dutta was cleared in the September 26 meeting, a demand was raised by some of the members of the Collegium that they should have more judgments of the other candidates and the meeting was postponed to September 30, 2022 and more judgments were circulated.
The resolution says that since Justice Chandrachud could not attend the meeting on Setptember 30, the CJI sent a proposal vide letter of even date by way of circulation.
"The proposal received the approval of Hon'ble Mr. Justice Sanjay Kishan Kaul and Hon'ble Mr. Justice K.M. Joseph vide their respective letters dated 01-10-2022 and 07-10-2022. By separate letters dated 01-10-2022, Hon'ble Dr. Justice D.Y.Chandrachud and Hon'ble Mr. Justice S. Abdul Nazeer, objected inter alia to the method adopted in the letter dated 30.09.2022", the resolution says.
The resolution further says that "The letters of Hon'ble Dr. Justice Chandrachud and Hon'ble Mr. Justice S. Abdul Nazeer however did not disclose any views against any of these candidates. This was brought to their Lordships' notice and reasons were solicited and/or alternative suggestions were invited vide second communication dated 02-10-2022 addressed by the CJI. There was no response to said communication".
The resolution clarifies that though the proposal initiated by the CJI had concurrence from Justice Sanjay Kishan Kaul and Justice K.M. Joseph, Justice D.Y. Chandrachud and Justice S. Abdul Nazeer had "objected to the process of selection and appointing judges by circulation".
There were speculations in the media that the two Judges who objected in the five-member collegium were Justice Kaul and Justice Chandrachud. The resolution clarifies that Justice Kaul and Justice Joseph did not object.