Chief Justice of Andhra Pradesh High Court Justice Prashant Kumar Mishra and senior advocate K.V. Viswanathan have been recommended for judgeship of the Supreme Court by the collegium. Justice Mishra’s appointment will mean that he will supersede Chief Justice of Allahabad High Court Pritinker Diwaker, who is senior to him. Senior advocate Viswanathan, described as an eminent member of the Bar, has recently been in news for arguing against the unprecedented extension given to Enforcement Directorate director S.K. Mishra and also for representing one of the petitioners in the marriage equality matter.
—
ON Tuesday, the Supreme Court Collegium recommended the names of Chief Justice of Andhra Pradesh High Court Justice Prashant Kumar Mishra and senior advocate K.V. Viswanathan as judges of the Supreme Court.
A resolution to this effect was signed by Chief Justice of India D.Y. Chandrachud and Justices Sanjay Kishan Kaul, K.M. Joseph, Ajay Rastogi and Sanjiv Khanna. Viswanathan will go on to become the Chief Justice of India after the retirement of Justice J.B. Pardiwala on August 11, 2030, till he retires on May 25, 2031.
At present, the Supreme Court is functioning with 32 judges against the sanctioned strength of 34 judges. Four more vacancies will arise by the second week of July.
Justice Mishra
Justice Mishra hails from the Chhattisgarh High Court and is presently serving as the Chief Justice of the Andhra Pradesh High Court. He ranks at serial number 21 in the all-India seniority list of judges of the high courts. He was appointed as a judge of the High Court of Chhattisgarh on December 10, 2009. He was appointed as the Chief Justice of the High Court of Andhra Pradesh on October 13, 2021.
While recommending the name of Justice Mishra, the collegium noted that there is no representation of the High Court of Chhattisgarh in the present composition of the Supreme Court of India.
With the elevation of Justice Mishra, the Chief Justice of Allahabad High Court Pritinker Diwaker, who is senior to Justice Mishra, stands superseded by the former. Justice Diwaker also hails from Chhattisgarh.
“The collegium is conscious of the fact that the present Chief Justice of the Allahabad High Court, who was appointed as a judge on March 31, 2009, is drawn from the parent High Court of Chhattisgarh and ranks senior to Justice Prashant Kumar Mishra. However, having considered all relevant factors, the collegium is of the view that Justice Prashant Kumar Mishra is worthy of appointment as a judge of the Supreme Court,” the collegium resolution reads.
Senior advocate K V. Viswanathan
While recommending the name of senior advocate Viswanathan, the collegium took into consideration the fact that at present there is only one member from the Bar who has been directly appointed to the Supreme Court Bench. Presently, Justice P.S. Narasimha is the only judge who was appointed directly from the Bar.
The collegium, in its decision, has noted: “K.V. Viswanathan, senior advocate, is eminently suitable for being appointed as a judge of the Supreme Court. The appointment of Shri K.V. Viswanathan will enhance the representation [of] the Bar in the composition of the Supreme Court. Shri Viswanathan is a distinguished member of the Bar of the Supreme Court. His wide experience and profound knowledge will provide a significant value-addition to the Supreme Court.”
Viswanathan completed the five-year integrated law degree from Coimbatore Law College, Bharathiar University and enrolled with the Bar Council of Tamil Nadu in 1988. After practising before the Supreme Court for over two decades, he was designated as a senior advocate in 2009.
The collegium stated that he had 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 has said of Viswanathan.
Recently, Viswanathan was appointed as amicus curiae in a matter challenging the third extension granted to Enforcement Directorate (ED) director S.K. Mishra and the challenge to the 2021 amendment to the Central Vigilance Commission Act, 2003, which allows the Union government to prolong the ED director’s term for up to five years. In his arguments, Viswanathan had opined the amendment to be illegal and unconstitutional.
In another recent matter, he argued for one of the petitioners seeking marriage equality in India.
