Since the collegium had already recommended Justice Kureshi’s elevation as chief justice, the Centre had a duty to accept it

The Centre has ignored the Supreme Court collegium’s recommendation to appoint Justice A.A. Kureshi of Bombay High Court as chief justice of Madhya Pradesh High Court and appointed Justice Ravi Shanker Jha, the senior-most Madhya Pradesh judge, as “acting chief justice”, setting up a possible clash.

On May 20, the collegium had said that Justice Kureshi was “suitable in all respects” to succeed Madhya Pradesh Chief Justice S.K. Seth, who retires on June 9.

Justice Kureshi had last October been overlooked for the post of acting chief justice of Gujarat High Court, his parent high court, when Chief Justice R. Subhash Reddy was elevated to the apex court.

Justice Kureshi, who was the second senior-most judge in Gujarat at the time, was instead shifted to Bombay High Court and the third senior-most judge, Justice A.S. Dave, appointed the acting Gujarat chief justice.

Since the collegium’s recommendations are binding, with the Centre only allowed one request for reconsideration, judicial sources suggested that Friday’s government decision could lead to a confrontation.

They accepted that under the memorandum of procedure, the Centre could appoint an acting chief justice without the collegium’s approval as it is a temporary measure pending the appointment of a full-fledged chief justice.

However, since the collegium had already recommended Justice Kureshi’s elevation as chief justice, they said, the Centre had a duty to accept it.

Indications are that the collegium would reiterate its recommendation --- latest by the first week of July --- for Justice Kureshi’s appointment as Madhya Pradesh chief justice, forcing the Centre to comply.

There are also indications that Justice Kureshi is in the running for elevation to the Supreme Court because of his seniority, but this may take a year or so.

On May 20, a three-judge collegium of Chief Justice of India Ranjan Gogoi and Justices S.A. Bobde and N.V. Ramana had recommended: “Having regard to all relevant factors, the collegium is of the considered view that Mr Justice A.A. Kureshi is suitable in all respects for being appointed as chief justice of the Madhya Pradesh High Court. The collegium resolves to recommend accordingly.”

On May 8 this year, the collegium had reiterated its recommendations to elevate Jharkhand Chief Justice Aniruddha Bose and Gauhati Chief Justice A.S. Bopanna to the apex court, rejecting the government’s reservations.

Triggering a standoff with the collegium last year, the government had delayed the elevation of Justice K.M. Joseph to the Supreme Court for six months but eventually had to back down. There had been a perception that the NDA government was hitting back at Justice Joseph for quashing President’s rule in Uttarakhand in April 2016.