The Supreme Court today rejected the government's objections to the lifting of two judges at the highest court. The Supreme Court collegium, or panel of five senior most judges, reiterated its April 12 decision to recommend Justices Aniruddha Bose and AS Bopanna to the highest court.
"Merit deserves the upper hand," the collegium said, noting that "nothing negative regarding the ability, conduct or integrity of the judges was noticed".
The collegium also recommended two other judges for the Supreme Court – Justices BR Gavai and Surya Kant. Judge Gavai is a judge of the Supreme Court of Bombay and Justice is Kant the supreme judge of the Supreme Court of Himachal Pradesh.
The collegium includes Chief Justice of India Ranjan Gogoi, Justice SA Bobde, Justice NV Ramana, Justice Arun Mishra and Justice RF Nariman. Reports suggest that the government had cited seniority and regional representation to return the recommendation.
"We carefully considered the Ministry of Justice's comments while referring back to the Collegium."
Aniruddha Bose is the Supreme Court of the Supreme Court of Jharkhand and AS Bopanna is the Supreme Court, Gauhati High Court.
"The Collegium is of the opinion that, as established by the Supreme Court, although the mutual seniority of the judges in their Supreme Courts and their combined seniority should be fully valued on a full India basis, merit would be the overriding consideration The Collegium therefore kept these parameters in mind when recommending the above two names, "the judges said.
The Supreme Court has a sanctioned power of 31 judges but works with 27.
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