SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION AND ANR. versus UNION OF INDIA

SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION AND ANR. versus UNION OF INDIA

The Court held that, in the appointment and transfer of Judges to the Supreme Court and High Courts, the opinion of the Chief Justice of India, formed after consultation with senior judges as prescribed, has primacy over the executive; no appointment can be made unless it conforms to the opinion of the Chief Justice...

Source-derived case information.

Parties
Petitioner: Supreme Court Advocates-on-Record Association and Anr. etc.; Respondent: Union of India
Jurisdiction
India
Judgment Date
06 October 1993
Procedural Posture
Public Interest Writ Petitions / Decision on Reference to Nine Judge Bench
Outcome
Matters disposed of.
Legal Topics
Judicial Appointments, Independence of Judiciary, Separation of Powers, Judicial Review, High Court Judges Transfer
Constitutional Law Judicial Appointments Independence of Judiciary Separation of Powers Judicial Review High Court Judges Transfer

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Summary, issues, holding and outcome

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Parties

Supreme Court Advocates-on-Record Association and Anr. etc.

Petitioner

Union of India

Respondent

Procedural Posture

Public Interest Writ Petitions / Decision on Reference to Nine Judge Bench

Legal Issues

  1. 1 Whether the opinion of the Chief Justice of India has primacy over the Executive in appointments and transfers of Supreme Court and High Court Judges under Articles 124 and 217.
  2. 2 Whether the process of 'consultation' under the Constitution requires the concurrence or primacy of the Chief Justice of India.
  3. 3 Justiciability of Judge-strength fixation and principles regarding transfer of Judges under Articles 216, 222.

Ratio Decidendi

The Court held that, in the appointment and transfer of Judges to the Supreme Court and High Courts, the opinion of the Chief Justice of India, formed after consultation with senior judges as prescribed, has primacy over the executive; no appointment can be made unless it conforms to the opinion of the Chief Justice of India except for strong cogent reasons disclosed and, if recommmendation is reiterated, the appointment should ordinarily be made. Judge-strength fixation is justiciable only to a limited extent. The majority view in S.P. Gupta is not correct law on these points.

Court Disposition

Matters disposed of.

Orders

  • Primacy of the opinion of the Chief Justice of India in the integrated consultative process for judicial appointments and transfers restored; majority view in S.P. Gupta overruled on this aspect.
  • Specific norms and processes for appointment and transfer of judges laid down.