NEW DELHI: Despite protests from some judges, the warrant of precedence to be followed for the swearing-in of Justice K M Joseph and two others will be exactly in sync with the procedure followed in recent times.

The seniority of judges who take oath in SC on the same date is normally decided on the basis of the date of their initial appointment as HC judges. Justices Indira Banerjee and Vineet Saran became HC judges on February 5 and 14, 2002, while Justice Joseph became an HC judge on October 14, 2004.

The government seems to be justified in its decision, except for the fact that Justice Joseph’s appointment shouldn’t have been bunched with the other two since his recommendation by the collegium came earlier. With regard to the 22 sitting SC judges, there have been six instances when judges were administered oath on the same date in a bunch of two or more.

Justices A M Khanwilkar, D Y Chandrachud, Ashok Bhushan and L Nageswara Rao were elevated on May 13, 2016. In this case, Justices Khanwilkar and Chandrachud were appointed HC judges on the same day, March 29, 2000. Seniority was determined by the fact that Justice Khanwilkar became HC chief justice six months before Justice Chandrachud.

The controversy over CJI Dipak Misra being given seniority over Justice J Chelameswar, now retired, when they were elevated to the SC on October 10, 2011, was also for this very reason. Justice Misra was appointed HC judge on January 17, 1996, and Justice Chelameswar on June 23, 1997. The fact that Justice Misra became HC CJ more than two years after Justice Chelameswar didn’t come into the equation.

