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Judiciary

Supreme Court Collegium Recommends Elevation of Chief Justice Mishra and Senior Advocate Vishwanathan as Supreme Court Judges [Read Resolution]

By LawStreet News Network      17 May, 2023 08:42 PM      0 Comments
Supreme Court Collegium Recommends Elevation of Chief Justice Mishra and Senior Advocate Vishwanathan as Supreme Court Judges

NEW DELHI: The Supreme Court Collegium has on May 16 recommended for elevation of Andhra Pradesh Chief Justice Prashant Kumar Mishra and senior advocate K V Vishwanathan as the top court judges.

Notably, Vishwanathan would be in line to assume office as the Chief Justice of India for a period of nine months since August 11, 2030 till his retirement on May 25, 2031, if the Collegium's recommendation is approved by the Union government.

The Collegium, also comprising Justices Sanjay Kishan Kaul, K M Joseph, Ajay Rastogi and Sanjiv Khanna, unanimously resolved to the make the recommendations against the two vacancies arose after retirement of Justices Dinesh Maheshwari and M R Shah this month.

Of the sanctioned strength of 34 judges, the Supreme Court is at present working with 32 judges.

Making its recommendation, the Collegium noted Justice Mishra, who hails from Chhattisgarh High Court, ranks at serial number 21 in the All-India Seniority List of judges of the High Courts.

Justice Pritinker Diwaker, Chief Justice of Allahabad High Court is senior to Justice Mishra and also belonged to Chhattisgarh HC.

"However, having considered all relevant factors, the Collegium is of the view that Justice Mishra is worthy of appointment as a judge of the Supreme Court," it said.

Justice Mishra was appointed as a judge of the High Court of Chhattisgarh on December 10, 2009. He was appointed as the Chief Justice of the High Court of Andhra Pradesh on October 13, 2021.

The Collegium also noted there is no representation to the High Court of Chhattisgarh in the present composition of the Supreme Court of India.

Justice Mishra has served as a judge of the High Court for over 13 years.

"After carefully evaluating the merit, integrity and competence of eligible Chief Justices and senior puisne Judges of the High Courts and also accommodating a plurality of considerations, the Collegium finds Justice Mishra, Chief Justice, Andhra Pradesh High Court to be more deserving and suitable in all respects for being appointed as a Judge of the Supreme Court of India," it said.

With regard to Vishwanathan, the Collegium said he is distinguished member of the Bar of the Supreme Court. "His wide experience and profound knowledge will provide a significant value addition to the Supreme Court," it said.

The Collegium also noted he is known in the legal fraternity for his integrity and as an upright senior member of the Bar.

After completing the five-year integrated law degree from Coimbatore Law College, Bharathiyar University, Vishwanathan enrolled with the Bar Council of Tamil Nadu in 1988. Following his practise before the Supreme Court for over two decades, he was designated as a senior advocate in 2009.

Born on May 26, 1966, Vishwanathan, on his appointment as a judge of the Supreme Court, would serve in that capacity until May 25, 2031. Upon the retirement of Justice J B Pardiwala on August 11, 2030, Viswanathan would be in line to assume office as the Chief Justice of India till his retirement.

"Viswanathan has appeared in a wide range of cases on diverse subjects including Constitutional law, criminal law, commercial law, the law of Insolvency, and Arbitration. His stature as an eminent member of the Bar has been recognised by the Supreme Court in numerous cases where he was appointed to assist the Court as amicus curiae," the Collegium said.

[Read Resolution]



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