SHANTI BHUSHAN AND ANR. versus UNION OF INDIA AND ANR.

SHANTI BHUSHAN AND ANR. versus UNION OF INDIA AND ANR.

Appointment of an Additional Judge as Permanent Judge without renewed consultation with the collegium is not illegal where such consultation had occurred at the time of initial appointment; scrutiny and selection standards are identical for Additional and Permanent Judges; belated challenge to extension of tenure as...

Source-derived case information.

Parties
Petitioner: Shanti Bhushan; Petitioner: Kamini Jaiswal; Respondent: Union of India; Respondent: Respondent No.2 (unnamed Judge of Madras High Court)
Jurisdiction
India
Judgment Date
17 December 2008
Procedural Posture
Writ Petition (civil) / Disposition
Outcome
Writ petition disposed; prayer not accepted.
Legal Topics
Appointment of High Court Judges, Consultation Process, Public Interest Litigation, Extension of Additional Judge Tenure
Constitutional Law Judicial Appointments Appointment of High Court Judges Consultation Process Public Interest Litigation Extension of Additional Judge Tenure

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Parties

Shanti Bhushan

Petitioner

Kamini Jaiswal

Petitioner

Union of India

Respondent

Respondent No.2 (unnamed Judge of Madras High Court)

Respondent

Procedural Posture

Writ Petition (civil) / Disposition

Legal Issues

  1. 1 Whether appointment of respondent No.2 as Permanent Judge was illegal for lack of consultation with the Supreme Court Collegium.
  2. 2 Whether extension of respondent No.2's tenure as Additional Judge was permissible when found unsuitable for permanency.

Ratio Decidendi

Appointment of an Additional Judge as Permanent Judge without renewed consultation with the collegium is not illegal where such consultation had occurred at the time of initial appointment; scrutiny and selection standards are identical for Additional and Permanent Judges; belated challenge to extension of tenure as Additional Judge after being found unsuitable for permanency cannot be entertained; extension is only permissible when vacancy issues arise, not unsuitability.

Court Disposition

Writ petition disposed; prayer not accepted.

Orders

  • Prayer to quash appointment of respondent No.2 as Permanent Judge was not accepted.
  • Chief Justice of India may act if material justifying action against a Judge is brought to notice.