THE HINDU Editorial Vocabulary - April 28, 2018 - Topic 1

Unpersuasive

On Centre's arguments against elevating Justice Joseph

The Centre’s objections to the elevation of Uttarakhand High Court Chief Justice K.M. Joseph to the Supreme Court are unpersuasive and raise suspicion whether his appointment is being blocked for extraneous reasons. Basically, there are two broad reasons proffered for freezing the appointment. First, that Justice Joseph is much too junior in the all-India list of judges, with 11 Chief Justices ranked above him. 

Second, that there is an imbalance in the regional representation in the Supreme Court, something that his appointment will only skew by adding another judge from Kerala. Neither of these reasons holds good. Seniority is not the sole consideration while elevating a High Court judge to the apex court. Inter se seniority is a consideration when a puisne judge is made a Chief Justice, but it is not sacrosanct in elevation to the Supreme Court. There are quite a few instances of senior judges and Chief Justices being overlooked in favour of a more deserving candidate of outstanding merit. Some of these decisions may evoke criticism, but there is no laid-down norm under which the Supreme Court collegium should draw fresh talent for the highest court only in the order in which an all-India seniority list of High Court judges has been drawn up. That merit is and has been a factor in selection addresses the other argument, that Kerala will have two Supreme Court judges were Justice Joseph to be appointed. There was a time when Kerala had three judges in the apex court; also, other courts have been routinely ‘over-represented’.

While it is desirable that regional imbalances and under-representation are not glaring, this cannot be cited as a factor to shoot down the candidature of a person otherwise qualified and validly recommended. Not surprisingly, the Centre’s decision has been accompanied by suspicions and allegations that Justice Joseph is being targeted for his 2016 judgment quashing the proclamation of President’s Rule in Uttarakhand. What happens from now on will depend on how the collegium reacts. In the light of its strong recommendation that Justice Joseph is “more deserving and suitable in all respects than other Chief Justices and senior puisne judges”, it will be no surprise if it reiterates the recommendation. Then the government is bound to abide by the collegium’s decision. In that event, the Centre should not prolong the controversy further by seeking to block his elevation again. There is a strong perception, even within the judiciary, that the government is much too slow when it comes to approving judicial appointments. A conflict between the judiciary and the executive over particular appointments is not in the public interest. Besides allowing Justice Joseph’s appointment to go through, efforts must be made to finalise a revised memorandum of procedure for appointments so that the case of one judge does not turn into a flashpoint for a sustained conflict between the two branches.

Vocabulary

Elevation: the action or fact of elevating or being elevated.

Example: Her sudden elevation to the cabinet

Synonyms: promotion, upgrading, advancement, advance, preferment

Objection: an expression or feeling of disapproval or opposition; a reason for disagreeing.

Example: They have raised no objections to the latest plans

Synonyms: protest, protestation, demur, demurral, demurrer, complaint

Unpersuasive: not persuasive.

Example: You may say that the decision in the House of Lords is persuasive, unpersuasive , good, bad, flawed here, not flawed there

Suspicion: a feeling or thought that something is possible, likely, or true.

Example: She had a sneaking suspicion that he was laughing at her

Synonyms: intuition, feeling, impression, inkling, hunch, fancy, notion

Extraneous: irrelevant or unrelated to the subject being dealt with.

Example: One is obliged to wade through many pages of extraneous material

Synonyms: irrelevant, immaterial, beside the point, unrelated, unconnected

Imbalance: lack of proportion or relation between corresponding things.

Example: Tension is generated by the imbalance of power

Synonyms: disparity, variance, variation, lack of harmony, disproportion

Consideration: careful thought, typically over a period of time.

Example: A long process involving a great deal of careful consideration

Synonyms: thought, deliberation, reflection, contemplation, rumination

Desirable: wanted or wished for as being an attractive, useful, or necessary course of action.

Example: It is desirable to exercise some social control over technology

Synonyms: advantageous, advisable, wise, sensible, recommendable

Accompanied: go somewhere with (someone) as a companion or escort

Example: The two sisters were to accompany us to New York

Synonyms: go with, travel with, keep someone company, tag along with

Reiterate: say something again or a number of times, typically for emphasis or clarity.

Example: She reiterated that the administration would remain steadfast in its support

Synonyms: repeat, say again, restate, retell, recapitulate, go over 

Conflict: a serious disagreement or argument, typically a protracted one.

Example: The eternal conflict between the sexes

Synonyms: dispute, quarrel, squabble, disagreement, dissension, clash