KRISHNA SWAMI AND ORS. versus UNION OF INDIA AND ORS.

KRISHNA SWAMI AND ORS. versus UNION OF INDIA AND ORS.

Relief sought for the benefit of a judge facing removal proceedings cannot be considered in his absence; petitions for reconsideration of Constitution Bench decision not maintainable by persons not affected directly or lacking standing; locus standi in public interest litigation requires genuine interest and particularized injury, not mere busybody participation; plea for reconsideration of the judgment already concluded cannot proceed absent compelling reasons; majority holds that such petitions must be dismissed without consideration on merits.

Parties
Petitioner: Krishna Swami; Respondent: Union of India; Petitioner: Sub-Committee on Judicial Accountability; Petitioner: Member of Lok Sabha
Jurisdiction
India
Judgment Date
27 August 1992
Procedural Posture
Writ Petition / Disposed by Judgment After Hearing Before Constitution Bench
Outcome
Petitions dismissed
Legal Topics
Removal of Supreme Court Judge, Locus Standi, Public Interest Litigation, Judicial Review
Constitutional Law Judicial Accountability Removal of Supreme Court Judge Locus Standi Public Interest Litigation Judicial Review

Case Brief

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Parties

Krishna Swami

Petitioner

Union of India

Respondent

Sub-Committee on Judicial Accountability

Petitioner

Member of Lok Sabha

Petitioner

Procedural Posture

Writ Petition / Disposed by Judgment After Hearing Before Constitution Bench

Legal Issues

  1. 1 Tenability of plea for reconsideration of earlier decision in Sub-Committee on Judicial Accountability
  2. 2 Maintainability of petitions for reliefs claimed for benefit of Judge without impleading him as a party
  3. 3 Locus standi in public interest litigation challenging removal proceedings of Supreme Court Judge

Ratio Decidendi

Relief sought for the benefit of a judge facing removal proceedings cannot be considered in his absence; petitions for reconsideration of Constitution Bench decision not maintainable by persons not affected directly or lacking standing; locus standi in public interest litigation requires genuine interest and particularized injury, not mere busybody participation; plea for reconsideration of the judgment already concluded cannot proceed absent compelling reasons; majority holds that such petitions must be dismissed without consideration on merits.

Court Disposition

Petitions dismissed

Orders

  • Both writ petitions dismissed on preliminary grounds without going into points raised on merits; no costs awarded