During the day, uncertainty prevailed over whether the collegium meeting would take place as Justice Chelameswar did not attend the court.
Along with the CJI, other judges of the Supreme Court were also present.
"I wish to deny with all authority at my command it has nothing to do with it (Justice Joseph's decision) at all for two obvious reasons". Firstly, a proper (BJP-led) government with almost three-fourth majority has been elected in Uttarakhand.
Taking the example of Justice Khehar, who had set aside the National Judicial Commission initiative, Prasad said that he too became Chief Justice of India during BJP-led NDA government.
Meanwhile a crucial Collegium meet to discuss the issue was postponed on Wednesday.
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All the five judges, including Chief Justice Dipak Misra and Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph, took part in the meeting held a little while after normal business of the court ended at 4 pm.
Members of the collegium, which comprises the five senior-most Supreme Court judges and decides on appointments to the higher judiciary, then deferred the decision on the elevation of Justice Joseph.
The Central government on April 26 sent back Justice Joseph's recommendation for reconsideration.
Malhotra was sworn in as the judge of the apex court on April 27.
During the deliberations today, sources said those high court judges who are in the race to be elevated to the apex court are Chief Justice of Madras High Court Indira Banerjee, who is originally from the Calcutta HC, Gujarat HC Chief Justice R Subhash Reddy, whose parent cadre is Telangana and Andhra Pradesh HC, and Karnataka High Court Chief Justice Dinesh Maheshwari, who is originally from Rajasthan HC.
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After putting on hold justice Joseph's elevation, law minister wrote to the CJI that it would "not be fair and justified to other more senior, suitable, and deserving chief justices and senior judges of various high courts".
Many backers of the Uttarakhand Chief Justice have alleged that he is being penalised for his verdict striking down the dismissal of the Congress government in the state a year ago and are keen on his early elevation since the Centre will have no choice but to acquiesce to any reiteration by the collegium.
The letter pointed out that justice Joseph is 42nd in seniority among the high court judges and many HCs such as Gujarat, Calcutta and Jammu and Kashmir are not represented in the apex court.
Justice Joseph's name for elevation to top court was recommended by the collegium at its January 10 meeting.
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