Skip to main content

Uttarakhand chief justice not elevated "under govt pressure": Demand to make public dissenting note

Justice Joseph
By A Representative
Well-known legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has said that Justice KM Joseph’s non-elevation to Supreme Court judge is linked with his “bold decision striking down the imposition of President’s rule by the Centre in Uttarakhand last year.”
Alleging that the decision not to elevate the Uttarakhand chief justice “has been influenced by pressure from the government”, CJAR has demanded that the full text of Justice J Chelameswar’s dissenting note to the collegium objecting to the non-elevation of Justice Joseph be “put in public domain.”
One of the most influential legal rights organization of India, those associated with CJAR include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information activist Nikhil Dey, other senior activists, experts and lawyers.
Says a CJAR, “As a member of the Supreme Court collegium, while Justice Chelameswar has not disagreed with the names of the five other judges that have been proposed for elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right and justified.”
This is the first time in the annals of the Supreme Court collegium that a member has written a dissent note. Normally such views are conveyed orally.
“We regard Justice Jospeh to have had an outstanding record as an independent judge of high integrity and holding secular views. His being sidelined is surprising since his name for elevation to the Supreme Court, was even recommended by the previous collegium headed by Justice TS Thakur”, CJAR insists.
Pointing out that “transparency in the working of public functionaries, both the judiciary and the government, is critical in a democracy”, CJAR says, “It is ironic that there has been complete opacity from both these institutions” about “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”
“The process has been shrouded in secrecy, excluding public participation in this crucial process”, CJAR says, adding, “There have only been leaked media reports and speculations on certain contentious clauses in the memorandum that have been going back and forth between the government and the judiciary.”
Contending that “repeated requests from CJAR for a draft of the memorandum to be shared” have received “no response”, CJAR asks the Supreme Court chief justice JS Khehar to make public the memorandum, which is being how finalised by the judiciary.

Comments

TRENDING

From Kerala to Bangladesh: Lynching highlights deep social faultlines

By A Representative   The recent incidents of mob lynching—one in Bangladesh involving a Hindu citizen and another in Kerala where a man was killed after being mistaken for a “Bangladeshi”—have sparked outrage and calls for accountability.  

What Sister Nivedita understood about India that we have forgotten

By Harasankar Adhikari   In the idea of a “Vikshit Bharat,” many real problems—hunger, poverty, ill health, unemployment, and joblessness—are increasingly overshadowed by the religious contest between Hindu and Muslim fundamentalisms. This contest is often sponsored and patronised by political parties across the spectrum, whether openly Hindutva-oriented, Islamist, partisan, or self-proclaimed secular.

Aravalli at the crossroads: Environment, democracy, and the crisis of justice

By  Rajendra Singh*  The functioning of the Ministry of Environment, Forests and Climate Change has undergone a troubling shift. Once mandated to safeguard forests and ecosystems, the Ministry now appears increasingly aligned with industrial interests. Its recent affidavit before the Supreme Court makes this drift unmistakably clear. An institution ostensibly created to protect the environment now seems to have strayed from that very purpose.

Safety, pay and job security drive Urban Company gig workers’ protest in Gurugram

By A Representative   Gig and platform service workers associated with Urban Company have stepped up their protest against what they describe as exploitative and unsafe working conditions, submitting a detailed Memorandum of Demands at the company’s Udyog Vihar office in Gurugram. The action is being seen as part of a wider and growing wave of dissatisfaction among gig workers across India, many of whom have resorted to demonstrations, app log-outs and strikes in recent months to press for fair pay, job security and basic labour protections.

India’s universities lag global standards, pushing students overseas: NITI Aayog study

By Rajiv Shah   A new Government of India study, Internationalisation of Higher Education in India: Prospects, Potential, and Policy Recommendations , prepared by NITI Aayog , regrets that India’s lag in this sector is the direct result of “several systemic challenges such as inadequate infrastructure to provide quality education and deliver world-class research, weak industry–academia collaboration, and outdated curricula.”

The rise of the civilizational state: Prof. Pratap Bhanu Mehta warns of new authoritarianism

By A Representative   Noted political theorist and public intellectual Professor Pratap Bhanu Mehta delivered a poignant reflection on the changing nature of the Indian state today, warning that the rise of a "civilizational state" poses a significant threat to the foundations of modern democracy and individual freedom. Delivering the Achyut Yagnik Memorial Lecture titled "The Idea of Civilization: Poison or Cure?" at the Ahmedabad Management Association, Mehta argued that India is currently witnessing a self-conscious political project that seeks to redefine the state not as a product of a modern constitution, but as an instrument of an ancient, authentic civilization.

Why experts say replacing MGNREGA could undo two decades of rural empowerment

By A Representative   A group of scientists, academics, civil society organisations and field practitioners from India and abroad has issued an open letter urging the Union government to reconsider the repeal of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and to withdraw the newly enacted Viksit Bharat–Guarantee for Rozgar and Ajeevika Mission (Gramin) Act, 2025. The letter, dated December 27, 2025, comes days after the VB–G RAM G Bill was introduced in the Lok Sabha on December 16 and subsequently approved by both Houses of Parliament, formally replacing the two-decade-old employment guarantee law.

Bangladesh in turmoil: Rising insecurity, sectarian forces gain ground

By Bharat Dogra   Many who initially welcomed the ouster of Prime Minister Sheikh Hasina are now reconsidering their stance. The reasons are stark. Law and order has deteriorated sharply, leaving large sections of the population—particularly political opponents—deeply vulnerable. Minorities report growing insecurity, with disturbing incidents of targeted violence. Inter-faith harmony is under unprecedented strain, while prospects for fair elections are fading as major political parties, including those with strong minority support, face exclusion and obstruction.  

Why Sheikh Hasina has never apologised to Bangladesh’s Hindus

By Nava Thakuria*  Amid rising anti-India rhetoric, Bangladesh has recently witnessed fresh turmoil following the death of a young radical leader, Sharif Osman Bin Hadi. As the situation gradually returns to a semblance of normalcy, the South Asian nation is preparing for its next general election, scheduled for 12 February 2026. These highly anticipated polls, coming in the aftermath of the student-led mass uprising of July–August 2024 that culminated in the overthrow of Prime Minister Sheikh Hasina, will notably exclude her party, the Awami League, which had ruled the Muslim-majority country of nearly 170 million people for years.