ANAND KUMAR versus SRI KATTALI BHASKARAN & ORS.

Citation: [1988] 2 S.C.R. 728 · Decided: 19-01-1988 · Supreme Court of India · Bench: A.P. SEN, E.S. VENKATARAMIAH, L.M. SHARMA · Disposal: Dismissed
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Judgment (excerpt)

A 
ANAND KUMAR 
v. 
SRI KATTALI BHASKARAN & ORS. 
JANUARY 19, 1988 
B 
[A.P. SEN, E.S. VENKATARAMIAHANDL.M. SHARMA,JJ.J 
c 
D 
Constitution of India, 1950-Articles 74, 217(3)-Determination 
of age of Chief Justice or Judge of High Court to be decided by the 
President of India as a constitutional functionary in consultation with t~e 
Chief Justice of India-Such a question is beyond the reach of Council 
of Ministers. 
The appellant rai.ed the question as regards the determination of age 
of the Chief Justice of Andhra Pradesh High Court, in these Special Leave 
Petitions filed against the Judgment and Order of the Andhra Pradesh 
High Court dismissing in limine the Writ Appeal• against the order of 
dismissal of the Writ Petitions by a Single Judge of the High Court. 
In the course of the proceedings, thi• Court, on January 8, 1988, 
made certain queries to which the Additional Solicitor General furni•hed 
information broadly on the following lines: 
E 
That a view in the matter will be taken by the President oflndia after 
the advice of Chief Justice of India is made available, and that all relevant 
files have been submitted to the Chief Justice of India along with the 
opinion as to the effect of the judgment pronounced by the Andhra 
Pradesh High Court. 
F 
In view of the information made available, this Court dismissed the 
Special Leave Petitions and, 
--\-
HELD:!. The matter as to the age of the retired Chief Justice or a 
sitting Judge of a High Court is a judicial function of the President of 
- India, which has to be discharged in accordance with the special provisions 
G 
made under Article 217(3) of the Constitution. [730C-D] 
2. Such a question as to the age of the Chief Justice or a Judge, 
under Article 217(3) of the Constitution, is beyond the reach of the Council 
of Ministers under Article 74 of the Constitution. [7300-EI 
H 
Union of India v. Jyoti Prakash Mitter, [197113 SCR 483, followed. 
728 
r 
I 
ANAND KUMAR v. KATIALI BHASKARAN 
729 
3. Since the President of India, in compliance with Article 217(3), 
has referred the question as to the age of Shri K. Bhaskaran, Chief Justice 
of Andhra Pradesh High Court, to the Chief Justice of India for his opi-
nion, no Writ of Mandamus can lie. [7308] 
4. The President of India as a constitutional functionary has 
discharged hi• duties under Article 217(3) and the decision must rest 
on the advice of the Chief Justice of India and not the Council of Mini•-
ters. [730C] 
CIVIL APPELLATE JURISDICTION: Special Leave Petition 
(Civil) Nos. 12-12A of 1988. 
From the Judgment and Order dated 18. 12.1987 of the Andhra 
Pradesh High Court in W.A. Nos. 1649 and 1650of 1987. 
P .N. Lekhi, M.K. Garg and Lokesh Kumar for the Petitioner. 
A 
B 
c 
Kuldeep Singh, Additional Solicitor General and Mrs. A. Subha-
D 
shini for the Respondents. 
The following Order of the Court was delivered: 
ORDER 
In response to the queries made by this Court by its Order dated 
January 8, 1988 Shri Kuldeep Singh, learned Additional Solicitor General 
has furnished the relevant information as under: 
E 
(1) In the matter of the age of Shri Justice K. Bhaskaran, Chief 
Justice of the Andhra Pradesh High Court, the advice and corn-
F 
ments of the Chief Justice of India were sought in terms of 
Articles 217(3) of the Constitution of India. The files containing 
all the relevant papers were referred to the Chief Justice of 
India on 28th September, 1987. 
J 
(2) The Chief Justice of India on 29th December, 1987 desired to 
G 
have an opinion as to the effect of the judgment pronounced by 
y 
the Andhra Pradesh High Court concerning the matter of the 
age of the Chief Justice Bhaskaran. The opinion was made 
available to the Chief Justice of India on 6th Jarmary, 1988. The 
Chief Justice of India :on llth January, 1988 indicated further 
course of action in the matter. The file has been resubmitted to · H 
.A 
B. 
c 
D 
E 
730 
SUPRBIE COURT REPORTS 
11988] 2 S.C.R. 
the Chief Justice of India on J6th January, 1~·: '- · i: ·further 
advice. 
: ., 
(3) A view in the matter will be taken by the President of ·India 
• 
after the advice of the Chief Justice oflndia is made available. 
In view of the foregoing, it is clear that the President of India in 
compliance with Article 217(3) of the Constitution of India has referred 
the question as to the age of Shri K. Bhaskaran, the Chief Justice of the 
Andhra Pradesh High Court to the Chief Justice of India for his opinion. 
That being so, no wri
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