SPECIAL REFERENCE NO. I OF 1998 versus -----

SPECIAL REFERENCE NO. I OF 1998 versus -----

The Supreme Court held that consultation with a plurality of Judges is mandatory under Articles 217(1) and 222(1) for appointments and transfers of Judges. The Chief Justice of India must act in consultation with the four senior-most puisne Judges of the Supreme Court for Supreme Court appointments and transfers,...

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Parties
Applicant: Union of India; Respondents: Supreme Court Advocates-On-Record Association and others
Jurisdiction
India
Judgment Date
28 October 1998
Procedural Posture
Special Reference Under Article 143(1) of the Constitution of India / Opinion Rendered by Supreme Court
Outcome
Opinion rendered; reference answered.
Legal Topics
Consultation Process for Judicial Appointments and Transfers, Scope of Judicial Review of Transfers, Relevance of Seniority in Judicial Appointments
Constitutional Law Judicial Appointments Consultation Process for Judicial Appointments and Transfers Scope of Judicial Review of Transfers Relevance of Seniority in Judicial Appointments

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Parties

Union of India

Applicant

Supreme Court Advocates-On-Record Association and others

Respondents

Procedural Posture

Special Reference Under Article 143(1) of the Constitution of India / Opinion Rendered by Supreme Court

Legal Issues

  1. 1 Whether 'consultation with the Chief Justice of India' in Articles 217(1) and 222(1) requires consultation with a plurality of judges or only the individual opinion of the Chief Justice
  2. 2 Extent and scope of judicial review of transfers of judges
  3. 3 Interpretation of Article 124(2) regarding consultation for appointments

Ratio Decidendi

The Supreme Court held that consultation with a plurality of Judges is mandatory under Articles 217(1) and 222(1) for appointments and transfers of Judges. The Chief Justice of India must act in consultation with the four senior-most puisne Judges of the Supreme Court for Supreme Court appointments and transfers, and with the two senior-most puisne Judges for High Court appointments. The process requires written opinions, transmission of such views to the Government, and compliance with the consultation norms. Judicial review of transfers is permissible only for non-adherence to these consultation requirements. Recommendations made without sufficient consultation are not binding on the...

Court Disposition

Opinion rendered; reference answered.

Orders

  • Clarification of consultation process for appointment and transfer of Judges: Chief Justice of India must consult specified senior Judges as detailed in the opinion.
  • Judicial review of transfers is limited to prescribed grounds of non-consultation or improper process.