LexSUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION AND ANR. versus UNION OF INDIA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
SUPREME COURT ADVOCATES-ON-RECORD
ASSOCIATION AND ANR. ETC.
v.
UNION OF INDIA
OCTOBER 6, 1993
[S. RATNAVEL PANDIAN, A.M. AHMADI, KULDIP SINGH,
J.S. VERMA, M.M. PUNCHHI, YOGESHWAR DAYAL,
G.N RAY, DR. AS. ANAND AND S.P. BHARUCHA, JJ.]
A
B
Constitution of India,. 1950 : Articles 124 and 217-Appointment of C
Judges of Supreme Court and High Courts--<::onsultation with the Chief Jus-
tice of India-Expression 'after consultation with'-Meaning of-Opinion of
the Chief Justice of India-Whether should have primacy over Executive
opinion-Norms to be followed in this regard laid down-Appointment of
Judges of Supreme Court-Doctrine of legitimate expectation-Applicability D
of
Article 222-Transfer of High Court Judges/Chief Justices-Role and
responsibility of the Chief justice of India-Opinion of the Chief Justice of
India-Whether prima-Consent of the Judge/Chief Justice to be trans/em~
whether require~Transfer-Nature of-After initial transfer, whether sub-
E
sequent transfer could be made-Transfer Policy-Justiciability of-Norms to
be observed.
Article 21~Strength of Judges-Fixation of-Justiciability of-Extent
and scope of judicial review-Periodical review-Need for.
Articles 124(2), 2170) and 222(1}-Appointment of Judges of Supreme
Court and High Courts-Transfer of Judges/Chief Justices of High
Courts-President's consultation process with the Chief Justice of
India-Position and role of the Chief Justice of India-Whether primacy to
F
be given to opinion of Cf I-Nature and relevance of independence of judiciary G
and separation of judiciary in this regar~'Consultation'-Meaning and na-
ture of-Contextual meaning-Consultation-Whether mandatory-Non- ob-
servance--Eff ect Of-Nature and extent of justiciability of these
matters-'President and Governor' in the context of appointment of Judges of
Supreme Court and High Courts and transfer of Judges/Chief Justices of High
Courts-Whether mean Central and State Governments-Opinion of H
659
660
SUPREME COURT REPORTS [1993] SUPP. 2 S.C.R.
A
CJI-Whether includes Opinion of his colleagues-Expression 'opinion of
judiciary as symbolized by the views of the Chief Justice of lndia'-Meaning
of
Articles 124(2) and 217(1)-Conventions-When could be read into
constitutional provisions-When acquire binding force of constitutional
B Law-Conventions regarding primacy to judiciary in the matter of appoint-
ment of Judges of superior courts and initiation of proposals for appoint-
ment-Existence of and recognition to.
Article 124(2) and 217(1)-Appointment of Chief Justice of India/High
Court-Procedure prescribed for appointment of Judges-Whether includes
C Chief Justice of India/High Court-'Judge'-Meaning of-·Whether includes
Chief Justice of India/High Court-Convention as to senionnost puisne Judge
being appointed as Chief Justice of India-Whether exists.
Article 141-Judgment of Supreme Court-Reconsideration of-When
D can be done-Necessary conditions for reconsideration-Stare decisi~ele
vance of, in constitutional cases-Judicial activitism---L,imils of
E
Articles 32 and 226-Judicial review-Grounds for-Scope and extent
of judicial review-Non-observance of public duty-Whether mandamus
could be issued even if the duty is discretionary.
Article 5()-{ndependence of judiciary-concept of-Whether secured
by constitutional security of tenure of office, immovability from office and
guarantees of service conditions, pensions, etc.--{)octrine of separation of
powers--relevance of in the context of appointment of Judges of the Supreme
Court and High Court Judges-Expression 'State'-Meaning of-Giving ab-
F
solute supremacy to the Council of Ministers in selection and appointment of
Judges of Supreme Court and High Courts-Whether contrary to inde-
pendence of judiciary.
Articles 74(1) and 163(1)-0pinion given by the Council of Mini-
sters-Nature of-Whether President/Governor bound by the advice rendered
G on reconsideration.
Article 224-Appointment of additional and acting Judges-Whether
could be made without the requirement of consultation.
Article 233(1)-Appointment of District Judges-Whether consultation
H is with the entire body of Judges constituting the High Court or with a Single
'
ADVOCATES ASSN. v. U.O.I.
661
individual like the Chief Justice of the High Court-Consultation with A
and/recommendation of the High Court-Whether a condition precedent to
the exercise of power by the Governor of the State-Whether such consultation
must be complete anExcerpt shown. Read the full judgment & AI analysis in Lexace.