Supreme Court Collegium Releases Statement: Two Judges Objected To Procedure, September 30 Meeting Discharged

In relation with the speculations about the Supreme Court collegium meeting held on September. The Collegium members have released a joint statement stating that the said meeting has been discharged in view of the Union Law Minister’s letter to the Chief Justice of India UU Lalit on October 7 asking him for the name of his successor.

The statement released stated that in the circumstances, no further steps need be taken and the unfinished work in the meeting called for September 30, 2022 is closed without there being any further deliberation. Thus, the meeting dated September 30, 2022 stands discharged.

It stated that as per the statements, two members of the collegium – Justices DY Chandrachud and Abdul Nazeer- raised an objection to the letter circulated by CJI Lalit seeking their views with regard to the proposals for elevation to the Supreme Court. It was objected by two judges to the process of selection and appointing judges by circulation.

On Septemeber 30, the physical meeting which was scheduled at 4.30 PM did not take place as Justice Chandrachud could not attend the same. However, it may be noted that Justice Chandrachud had held sitting on September 30 in his court till 9.15 PM.

It was written by CJI Lalit to the members of the collegium on September 30 soliciting their views regarding the proposals, since the physical meeting did not take place.

Justice Sanjay Kishan Kaul and Justice K.M. Joseph, the two members of collegium expressed their approval of the proposals through their respective letters dated 01-10-2022 and 07-10-2022.

Justice Chandrachud and Justice S. Abdul Nazeer by separate letter dated 01-10-2022, objected to the method adopted in the CJI’s letter dated 30.09.2022. Thus, they did not disclose any views against any of these candidates but raised objection to the procedure of seeking views through circulation of letters.

It was written by CJI on October 2 that these two judges again seeking reasons or alternative suggestions. Further, there was no response to the said communication.

A letter was received by CJI dated October 7, 2022 from the Union Law Minister requesting to nominate his successor to take over the office of CJI w.e.f. November 9, 2022.

At the Outset, the Collegium decided to discharge the September 30 meeting without further action.

the collegium had approved the proposal to elevate Chief Justice of Bombay High Court Justice Dipankar Dutta to the Supreme Court in the meeting held on September 26. Till September 30, the consideration of ten other judges was deferred.

However, in the meeting held on September 26, a new procedure was introduced with the approval of all members whereby the judgments authored by the prospective candidates will be circulated and an objective assessment of their relative merit will have to be made.

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