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october 1993

Supreme Court of India · 1993-10-06

SUPREME COURT ADV. ON RECORD ASSO. vs UNION OF INDIA

Citation / case number
SC 1987/61256
Court
Supreme Court of India
Petitioner
SUPREME COURT ADV. ON RECORD ASSO.
Respondent
UNION OF INDIA
Bench
PANDIAN, S.R. ,AHMADI, A.M. & KULDIP SINGH ,VERMA, JAGDISH SARAN & PUNCHHI, M.M.,YOGESHWAR DAYAL & RAY, G.N. ,ANAND, A.S. & BHARUCHA S.P.

Judgment text excerpt

The Supreme Court, in this judgment, addressed the primacy of the Chief Justice of India in judicial appointments and transfers, as well as the justiciability of the fixation of judge strength under Article 216. The Court indicated that the Chief Justice's opinion should hold primacy in these matters, with the executive's role being primarily to act on that opinion, except in exceptional cases. The Court also noted that the question of judge strength is justiciable, thereby setting a precedent for future interpretations of judicial appointments and the role of the Chief Justice.

SUPREME COURT ADV. ON RECORD ASSO. vs UNION OF INDIA · Niyam