She is likely to be sworn in on Friday or on Monday by the CJI.
In June 2014, the then Chief Justice of India RM Lodha had in a letter told the government that it could not "segregate" recommendations without prior approval of the Collegium.
This segregation of the Collegium's recommendation has upset many in the legal fraternity.
Sibal also questioned the Centre's stand that Joseph is junior. By overturning an order of his seniormost colleague, Justice Chelameswar, the CJI lowered the prestige of his high office and then did damage control by hearing all sensitive matters himself with his junior colleagues, A M Khanwilkar and D Y Chandrachud, who declared the CJI as the sole custodian of Constitutional trust.
Meanwhile, over 100 SC lawyers moved plea seeking that Uttarakhand HC Chief Justice KM Joseph and Malhotra be simultaneously made apex court judges. Misra also said that there is nothing wrong if the government wants them to reconsider Justice Joseph's name. J. Joseph is India's Sr most CJ. The Delhi High Court has three sitting judges in the Supreme Court, while Andhra Pradesh and Madhya Pradesh have two each.
The CPI (M) said the Centre's decision is an unwarranted intrusion into the selection process. Justice Gogoi is expected to succeed CJI Misra who demits office in October.
Reacting to the government's Wednesday decision, politicians and top names took to Twitter to criticise the Centre.
File image of lawyer Indu Malhotra.
The collegium's initial recommendation on Justice Jain was on March 26. He cited two instances when seniority was overlooked: Justice P Sathasivam was not even a chief justice of a high court when he was elevated to SC.
The letter was written a day before Rajya Sabha Chairman Venkaiah Naidu rejected the opposition impeachment notice against Chief Justice of India Dipak Misra. Therefore, the collegium reiterated its recommendation, assuming that it would be binding on the Centre. Similar was the case with justice AM Ahmadi and Kuldeep Singh. This is an attempt to bring the judiciary of the country under their control. Chief Justice Thakur, on the verge of his retirement, had no option but to leave the issue to be decided by his successors. By delaying this, they have definitely interfered in seniority rules and in that sense they have interfered in the functioning of judiciary.