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october 1998

Supreme Court of India · 1998-10-28

IN THE SUPREME COURT OF INDIA (IN RE: APPOINTMENT & TRANSFER OF JUDGES) vs CIVIL ADVISORY JURISDICTION

Citation / case number
SC 1998/60656
Court
Supreme Court of India
Petitioner
IN THE SUPREME COURT OF INDIA (IN RE: APPOINTMENT & TRANSFER OF JUDGES)
Respondent
CIVIL ADVISORY JURISDICTION
Author
S.P.BHARUCHA , M.K.MUKHERJEE , S.B.MAJMUDAR , SUJATA V.MANOHAR , G.T.NANAVATI
Bench
S.P.BHARUCHA , M.K.MUKHERJEE , S.B.MAJMUDAR , SUJATA V.MANOHAR , G.T.NANAVATI

Judgment text excerpt

The Supreme Court addressed questions referred by the President under Article 143 regarding the appointment and transfer of judges. The Court clarified that 'consultation with the Chief Justice of India' under Articles 217(1) and 222(1) does not necessitate a plurality of judges, and the Chief Justice's individual opinion suffices. It also held that the transfer of judges is subject to limited judicial review, and the Chief Justice must consult with senior judges as per established practices, ensuring transparency in judicial appointments. The Court's opinion aims to resolve ambiguities in the judicial appointment process, reinforcing the importance of consultation and review mechanisms.

IN THE SUPREME COURT OF INDIA (IN RE: APPOINTMENT & TRANSFER OF JUDGES) vs CIVIL ADVISORY JURISDICTION · Niyam