The Supreme Court Collegium in the recent Resolution has recommended elevation of Justice Rajesh Bindal and Justice Aravind Kumar as the Supreme Court Judges.
In a notable fact, however, the resolution mentioned not only the final decision but the reasons and reservations as well.
While Justice Bindal was unanimously elevated, Justice Aravind's elevation decision faced some reservation on part of Justice K.M. Joseph who was of the view that his name could have been considered at a later stage.
The resolution mentioned that following factors have been taken into account for the decision:
- The seniority of Chief Justices and senior puisne Judges in their respective parent High Courts as well as overall seniority of the High Court Judges;
- The merit, performance and integrity of the judges under consideration; and
- The need to ensure diversity and inclusion in the Supreme Court by: (i) representation of High Courts which are not represented or are inadequately represented, in the Supreme Court; (ii) appointing persons from marginalized and backward segments of society; (iii) gender diversity; and (iv) representation of minorities.
JUSTICE RAJESH BINDAL ELEVATION
The resolution registered that his elevation has been done as he stands at number 2 in the combined all-India seniority of High Court Judges and he is the senior most judge hailing from the Punjab and Haryana High Court.
The point of Punjab and Haryana High Court not having adequate representation has also been noted.
JUSTICE ARAVIND KUMAR ELEVATION
The Resolution registered that it is conscious that Justice Aravind stands at number 2 in terms of seniority of Judges hailing from Karnataka High Court and at present the representation of the High Court in Supreme Court Bench also stands at 2 Judges.
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