Supreme Court of India · 1969-10-17
STATE OF ASSAM & ANR. vs KUSESWAR SAIKIA AND ORS.
- Citation / case number
- SC 1969/60018
- Court
- Supreme Court of India
- Petitioner
- STATE OF ASSAM & ANR.
- Respondent
- KUSESWAR SAIKIA AND ORS.
- Author
- HIDAYATULLAH, M. (),SHELATM.,VAIDYIALINGAM, C.A.,GROVER, A.N.,RAY, A.N.
- Bench
- HIDAYATULLAH, M. (CJ),SHELAT, J.M.,VAIDYIALINGAM, C.A.,GROVER, A.N.,RAY, A.N.
Judgment text excerpt
The Supreme Court held that the appointment of Additional District Judges is under the purview of the Governor as per Article 233 of the Constitution, and not the High Court, which has jurisdiction under Article 235 for promotions within the judicial service. The Court found that the Assam Amendment Act XII of 1967, which altered the designation of Subordinate Judge, effectively removed the High Court's authority over promotions, constituting a 'fraud upon the Constitution.' The Court allowed the appeal, affirming the Governor's role in such appointments and suggesting that the remedy lies in rescinding the amendment rather than contravening it.