Supreme Court of India · 1971-01-21
UNION OF INDIA vs JYOTI PRAKASH MITTER
- Citation / case number
- SC 1968/60039
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- JYOTI PRAKASH MITTER
- Bench
- SHAH, J.C. (CJ)
Judgment text excerpt
The Supreme Court held that Article 217(3) of the Constitution mandates the President to determine the age of a High Court Judge after consulting the Chief Justice of India. The Court emphasized that the principles of natural justice require that the affected party must be given a personal hearing when significant decisions regarding their rights are made. In this case, the respondent's request for an oral hearing was not adequately addressed, leading to a violation of natural justice principles, thus necessitating a reconsideration of the procedure followed by the President.