Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1988

Supreme Court of India · 1988-01-19

ANAND KUMAR vs SRI KATTALI BHASKARAN & ORS.

Citation / case number
SC 1988/70809
Court
Supreme Court of India
Petitioner
ANAND KUMAR
Respondent
SRI KATTALI BHASKARAN & ORS.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the determination of the age of a retired Chief Justice or a sitting Judge of a High Court is a judicial function of the President of India, to be executed in accordance with Article 217(3) of the Constitution. The Court clarified that such matters are beyond the purview of the Council of Ministers under Article 74. Consequently, since the President has referred the age question to the Chief Justice of India for advice, no Writ of Mandamus can be issued. The Court dismissed the Special Leave Petitions accordingly.

ANAND KUMAR vs SRI KATTALI BHASKARAN & ORS. · Niyam