The entire focus of the non-elevation of Justice K.M. Joseph to the Supreme Court despite his name having been forwarded by the top court is ostensibly because of his judgment in the Uttarakhand case wherein he quashed the Governor’s decision to impose President’s rule. The picture would be complete when one compares his case to that of N. Paul Vasanthakumar, retired Chief Justice of the Jammu and Kashmir High Court, who was denied a judgeship to the Supreme Court. Therefore, an equally if not more important reason for non-elevation is that the candidate belongs to the minority community. Many unconstitutional factors go into legitimate aspirants being denied the high office of judge of the Supreme Court; the minority factor is a very obvious one.
Source: The Hindu May 13, 2018 17:41 UTC