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.