THE HINDU Editorial Vocabulary - May 14, 2018 - Topic 1

Collective assertion — On Justice Joseph’s elevation

It may no longer be possible for the Union government to delay Justice K.M. Joseph’s elevation to the Supreme Court. The five-member collegium has unanimously agreed, in principle, to reiterate its recommendation to appoint the Chief Justice of the Uttarakhand High Court as a judge of the Supreme Court. When reiterated unanimously, the Centre is bound to act on the collegium resolution, going by the law laid down by the Supreme Court in the Third Judges Case of 1998. 

The Centre, which denies that its objection had anything to do with Justice Joseph’s decision in 2016 to quash the imposition of President’s Rule in Uttarakhand, ought not to delay his appointment once the reiteration is formally made. However, it is puzzling that the collegium didn’t send its reiteration to the Centre immediately. It has decided that his name would be part of the next set of recommendations, which would include proposals to elevate the Chief Justices of some more high courts. One explanation for this could be that the collegium wants to address the concern the Centre has indirectly raised about the need for fair representation to all high courts. While objecting to Justice Joseph’s appointment on the ground that he was not senior enough, the Centre spoke about ‘excessive representation’ that a relatively ‘small’ high court (the Kerala High Court) may get after his appointment.

While the unanimous reiteration may end the current controversy, there is a larger issue here: the propriety of the Centre holding back one or two names from a list of recommendations and clearing the rest. Justice Joseph’s name was sent along with that of senior advocate Indu Malhotra in January, but the Centre took three months to act on it. It cleared her name alone, while seeking reconsideration of Justice Joseph’s name. That it has a right to raise a particular judge’s case is beyond question, but selectively approving some names from a batch of recommendations can make a difference to the seniority of the judges concerned — especially when seniority is the sole consideration for appointment of the Chief Justice as well as membership of the collegium. In a judge-recommended system of appointments, one that is peculiar to India, differences over particular candidates cannot be avoided, but it ought to be possible for the two sides to minimise these differences and act expeditiously. The onus is more on the government of the day to ensure it is not seen as blocking the appointment of anyone the judges themselves have found fit and deserving. It does not augur well for the institution if the present consultative process, admittedly not an ideal one for a diverse democracy, is seen to be vitiated by executive intransigence.

Vocabulary

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

Example: Her sudden elevation to the cabinet

Synonyms: promotion, upgrading, advancement, advance, preferment

Unanimous: fully in agreement.

Example: The doctors were unanimous in their diagnoses

Synonyms: united, in agreement, in accord, of one mind, of the same mind

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

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

Imposition: the action or process of imposing something or of being imposed.

Example: The imposition of martial law

Synonyms: imposing, foisting, forcing, inflicting; levying, charging, application

Reiteration: the action of repeating something, typically for emphasis or clarity.

Example: The reiteration of his campaign promise to cut taxes

Concern: a matter of interest or importance to someone.

Example: Oil reserves are the concern of the Energy Department

Synonyms: responsibility, business, affair, charge, duty, job

Peculiar: strange or odd; unusual.

Example: His accent was a peculiar mixture of Cockney and Irish

Synonyms: strange, unusual, odd, funny, curious, bizarre, weird

Onus: used to refer to something that is one's duty or responsibility.

Example: The onus is on you to show that you have suffered loss

Synonyms: burden, responsibility, liability, obligation, duty, weight

Expeditious: done with speed and efficiency.

Example: An expeditious investigation

Synonyms: speedy, swift, quick, rapid, fast, brisk, efficient, prompt