MAHESH CHANDRA GUPTA versus UNION OF INDIA & ORS.

MAHESH CHANDRA GUPTA versus UNION OF INDIA & ORS.

Eligibility for appointment as a High Court Judge under Article 217(2)(b) is satisfied by enrolment as an advocate and computation of period served as a Member of ITAT under Explanation (aa); actual practice is not a constitutional requirement for eligibility. Judicial review is limited to issues of eligibility and...

Source-derived case information.

Parties
Petitioner: Mahesh Chandra Gupta; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
06 July 2009
Procedural Posture
Transferred Case (c) No. 6 of 2009 / Supreme Court Decision
Outcome
Dismissed
Legal Topics
Appointment of Judges, Judicial Review, Participatory Consultation, Eligibility and Suitability Criteria
Constitutional Law Administrative Law Appointment of Judges Judicial Review Participatory Consultation Eligibility and Suitability Criteria

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Parties

Mahesh Chandra Gupta

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Transferred Case (c) No. 6 of 2009 / Supreme Court Decision

Legal Issues

  1. 1 Whether 'actual practice' as opposed to 'right to practice' is a pre-requisite for eligibility under Article 217(2)(b) of the Constitution of India, 1950.
  2. 2 Justiciability of 'suitability' and 'consultation' for appointment of a High Court Judge.

Ratio Decidendi

Eligibility for appointment as a High Court Judge under Article 217(2)(b) is satisfied by enrolment as an advocate and computation of period served as a Member of ITAT under Explanation (aa); actual practice is not a constitutional requirement for eligibility. Judicial review is limited to issues of eligibility and effective consultation, but not the content of consultation or suitability.

Court Disposition

Dismissed

Orders

  • Transferred Case (C) No. 6 of 2009 stands dismissed.