Gopal Subramanium meets RM Lodha; Supreme Court Collegium to weigh options

NEW DELHI: Former Solicitor General Gopal Subramanium, who on Saturday met the Chief Justice of India (CJI) RM Lodha, is said to have explained the circumstances under which he withdrew his consent to be a judge of the Supreme Court.

While Subramanium’s office refused to comment, the file on his proposed appointment, along with government's objections, has now been sent back to the collegium (a panel of SC judges who select judges) for reconsideration, according to a legal source.

The file movement, though, may now be moot following Subramaniam’s decision to withdraw his name.

On June 25, Subramanium had written to CJI Lodha, complaining that government had violated the protocol for appointment of judges by conveying its consent for the appointment of three other judges to the Supreme Court while withholding clearance for him.

The segregation was resorted to without the file relating to his appointment being sent back to the Collegium for reconsideration, he had stated in his communication.

"If my understanding is correct then the aforesaid three appointments appear to be against the framework prescribed by the constitution and by the Supreme Court pronouncements," Subramaniam said in his letter. According to the legal source cited earlier, the SC collegium, which was expected to meet on Sunday, has a number of options.

It can ask Subramanium to withdraw his letter and then reiterate its recommendation. In that case government has no option but to appoint the former SG. Alternatively, it may also not reiterate its recommendation because the Subramanium has opted out.

Further, the SC Collegium, in the backdrop of criticism by legal luminaries, may even discus if the Government acted contrary to the framework prescribed by the constitution by not retuning the file. The SC collegium, may also consider other candidates for appointment as Supreme Court Judges.