Chief Justice of Uttarakhand High Court K.M. Joseph was in the headlines recently for his landmark verdict quashing President’s Rule imposed in the state by the Narendra Modi government on March 27. Justice Joseph (57) brooks no nonsense in his daily dealings with lawyers and litigants alike. He’s firm, tactful but unfailingly polite, something that made him a popular judge both among lawyers and judges.
Earlier, he was a judge at the Kerala High Court for nine years. Appreciated for his out-of-the-box but pragmatic approach to law, he was elevated as Chief Justice of Uttarakhand High Court in 2014 and he became instantly popular for his bold approach to issues.
His landmark decision on the liquor policy of Uttarakhand reflected his legal acumen, say lawyers close to him. Justice Joseph, who belongs to Kerala, was born to former Supreme Court judge K.K. Mathew and Ammini Tharakan. He was educated in Kochi and Chennai and started his legal practice in Delhi. A litigator at heart, Joseph managed matters related to a wide range of subjects including civil, criminal, taxation and constitutional cases.
Asked about the recent President’s Rule judgment, he unfortunately, says that he cannot speak about the judgment or give an interview on the matter as it is sub judice in the apex court. A former apex court judge who has observed Joseph for a number of years said that Joseph, by his simplicity and patient hearing, has endeared himself with the members of the Bar and other judges wherever he is posted. He said Joseph is also a champion of human rights. He has always strived hard in providing justice to poor litigants.
He came to the limelight with the hard hitting judgment, even criticising the President of India for imposing President’s Rule in Uttarakhand without any material. He said democracy and federalism were the essential features of our Constitution and were part of its basic structure. Any interpretation that we may place on Article 356 must, therefore help to preserve and not subvert their fabric.
Though the judgment has been stayed by the apex court, Justice Joseph has made an indelible imprint by rendering a landmark verdict, very rarely seen in our High Courts. It being said that this could be the real reason behind his sudden transfer to the Andhra Pradesh High Court.
His conviction in the rule of law made him observe that the action of the President in exercising his powers in issuing the proclamation to unseat Harish Rawat as Chief Minister was subject to judicial review. Though the judiciary has intervened on many occasions challenging President’s Rule in states, the judgment restoring the Harish Rawat government had far reaching consequences.
With the bold verdict Justice Joseph stunned the Centre, which was confident that its action would get the court’s nod. When former Uttarakhand CM Harish Rawat challenged the President’s Rule imposed in the state on March 27, he would not have imagined that he would get relief so quickly.
Throughout the hearing, the Centre was caught in the back-foot as the Bench headed by Chief Justice Joseph questioned the Union of India’s bonafides in imposing President’s Rule one day before the scheduled floor test fixed by the Governor. Whether this historic judgment will stand the apex court’s approval or not remains to be seen when the matter is adjudicated.
