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october 1982

Supreme Court of India · 1982-10-15

M.M. GUPTA AND ORS. ETC. ETC, vs STATE OF JAMMU & KASHMIR & ORS.

Citation / case number
SC 1982/63925
Court
Supreme Court of India
Petitioner
M.M. GUPTA AND ORS. ETC. ETC,
Respondent
STATE OF JAMMU & KASHMIR & ORS.
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court held that Article 235 of the Constitution mandates that the Governor must act in consultation with the High Court regarding judicial appointments, emphasizing the independence of the judiciary. The Court found that the State Government's failure to communicate its counter-proposals to the High Court constituted a violation of this requirement, thereby undermining judicial independence. The Court ruled that the High Court's recommendations for District Judge appointments should generally be accepted by the State Government, reinforcing the need for effective consultation to ensure proper judicial administration.

M.M. GUPTA AND ORS. ETC. ETC, vs STATE OF JAMMU & KASHMIR & ORS. · Niyam