Andhra Pradesh Chief HC Justice Prashant K Mishra, senior advocate KV Viswanathan recommended for Supreme Court judgeship

Satya Prakash

Advertisement

New Delhi, May 16

The Supreme Court Collegium on Tuesday recommended the names of Andhra Pradesh High Court Chief Justice Prashant Kumar Mishra and senior advocate KV Viswanathan for appointment as judges of the top court.

The Supreme Court of India has a sanctioned strength of 34 Judges, including the CJI, and is presently functioning with 32 Judges.

The decision was taken unanimously by a five-member Collegium headed by Chief Justice of India DY Chandrachud in view of “two clear vacancies” that arose following the retirement of Justice Dinesh Maheshwari and Justice MR Shah on May 14 and May 16, respectively.

The other four members of the Collegium are: Justice Sanjay Kishan Kaul, Justice KM Joseph, Justice Ajay Rastogi and Justice Sanjiv Khanna.

Upon the retirement of Justice JB Pardiwala on August 11, 2030, Viswanathan will become the CJI and remain in the post till May 25, 2031, if the Collegium’s recommendation is accepted by the Centre and the line of succession is not disturbed for any other reason.

Thus, there are two clear vacancies. With four more vacancies which are going to arise by the second week of July the working strength of Judges would come to twenty-eight. The Collegium has, however, unanimously resolved to recommend, for the present, names to fill up the two existing vacancies.

The Collegium resolution uploaded on the top court’s website noted that four more vacancies will arise by the second week of July and the working strength of judges will come down to 28.

Justice KM Joseph (June 16) Justice Ajay Rastogi (June 17), Justice V Ramasubramanian (June 29) and Justice Krishna Murari (July 8) are due to retire in 2023. Two more judges – Justice Ravindra R Bhatt and Justice Sanjay Kishan Kaul — will retire on October 20 and December 25 this year, respectively.

After carefully evaluating the merit, integrity and competence of eligible Chief Justices and senior puisne Judges of the High Courts and also accommodating a plurality of considerations, the Collegium found Justice Mishra (Parent HC: Chhattisgarh) to be more deserving and suitable in all respects for being appointed as a Judge of the Supreme Court, the resolution read.

Justice Prashant Kumar Mishra was appointed as a judge of the High Court of Chhattisgarh on 10 December 2009 and was appointed as the Chief Justice of the High Court of Andhra Pradesh on 13 October 2021.

“There is no representation to the High Court of Chhattisgarh in the present composition of the Supreme Court of India. Justice Mishra has served as a judge of the High Court for over thirteen years and ranks at serial number 21 in the All-India Seniority List of judges of the High Courts,” it noted.

Born on May 26, 1966, Viswanathan has appeared in a wide range of cases on diverse subjects including Constitutional law, criminal law, commercial law, the law of Insolvency, and Arbitration. “His stature as an eminent member of the Bar has been recognised by the Supreme Court in numerous cases where he was appointed to assist the Court as amicus curiae. Shri Viswanathan has a sound understanding of law and is known in the legal fraternity for his integrity and as an upright senior member of the Bar,” the Collegium resolution read.