He is at least 2 years senior to other CJs

As reports gain currency about the government’s reluctance to elevate Uttarakhand Chief Justice K.M. Joseph to the Supreme Court citing the seniority principle, a highly placed source in the apex court points out that Justice Joseph is indeed the senior-most High Court Chief Justice now.

Justice Joseph was appointed Chief Justice of Uttarakhand High Court on July 31, 2014.

In seniority, from the date of his appointment as Chief Justice, he leads the rest of the High Court Chief Justices by at least two years.

The Law Ministry’s own statistics show that though Justice D.B. Bhosale, Chief Justice of the Allahabad High Court, was appointed High Court judge in January 2001, he was made a Chief Justice on July 30, 2016. Justice T.B. Radhakrishnan, Chhattisgarh High Court Chief Justice, and Justice Joseph were appointed High Court judges the same day — October 14, 2004. However, Justice Radhakrishnan was appointed Chief Justice only on March 18, 2017.

Unanimous

Ideally, the Supreme Court Collegium selects apex court judges from the pool of Chief Justices of High Courts.

Many times, the Collegium has followed the seniority of the Chief Justices of High Courts for appointment to the Supreme Court, sources said.

It has been almost two months since the Supreme Court Collegium led by Chief Justice of India Dipak Misra unanimously recommended Justice Joseph’s name along with senior advocate Indu Malhotra for elevation to the Supreme Court on January 10.

The Collegium Resolution of January 10, signed by the CJI, Justices Jasti Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurian Joseph, notes that they had recommended Justice Joseph’s name after taking into consideration the “seniority on all-India basis of Chief Justices and senior puisne judges of High Courts, apart from their merit and integrity.”

“The Collegium considers that at present Mr. Justice K.M. Joseph, who hails from the Kerala High Court and is currently functioning as Chief Justice of Uttarakhand High Court, is more deserving and suitable in all respects than other Chief Justices and senior puisne Judges of High Courts for being appointed as Judge of the Supreme Court of India,” the Collegium recorded in its signed resolution.