Why Modi govt withholding Justice Joseph's elevation to Supreme Court, asks Congress

The Congress on Thursday accused Prime Minister Narendra Modi of indulging in "revenge politics" by "refusing" to clear the elevation of the country's most senior chief justice, K M Joseph, to the Supreme Court.

The judiciary is under the most vicious attack ever" and totalitarianism will stump democracy if the nation does not rise now, Congress communications in-charge Randeep Surjewala alleged.

PM Modi's revenge politics' qua judiciary and conspiratorial suffocation' of Supreme Court exposed again," Surjewala said on Twitter, adding that Justice Joseph, who heads the Uttarakhand High Court, is India's most senior chief justice.

"Yet Modi Government refuses to clear his elevation to SC as retribution for quashing presidential rule in Uttarakhand?" he said.

His remarks came amid reports that the government has cleared the name of Indu Malhotra as Supreme Court judge, while putting on hold the elevation of Justice Joseph.

Modiji shredded Parliamentary privileges and supremacy. He road-rolled independent media. Democracy's last refuge i.e Judiciary is now under most vicious attack ever. If the Nation doesn't rise in unison now, totalitarianism will stump democracy, Surjewala tweeted.

He accused the Modi government of being a habitual offender of trashing "judicial integrity" and the "constitutional supremacy" of institutions.

"In June 2014, they (Modi govt) refused to clear noted jurist G.Subramaniam’s name for elevation to SC as he was a lawyer against Amit Shah & Co," the Congress leader said. 

He called on the nation to "rise in unison now." 

"1- Modiji shredded Parliamentary privileges & supremacy. 2- He road-rolled independent media. 3- Democracy’s last refuge i.e Judiciary is now under most vicious attack ever," Surjewala said.

"If the Nation doesn’t rise in unison now, totalitarianism will stump democracy," he said. 

Another Congress leader P. Chidambaram also attacked the Narendra Modi government for withholding Justice Joseph's name.

"Delighted that Ms Indu Malhotra will be sworn in as Judge of the Supreme Court tomorrow. Disappointed that Justice K M Joseph's appointment is still on hold," he said on Twitter. 

"What is holding up Justice K M Joseph's appointment? His State or his religion or his judgement in the Uttarakhand case?" he asked.

He added that as the law stands now, the recommendation of the SC collegium is final and binding in the appointment of judges. 

"Is the Modi government above the law?" he asked.