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december 2008

Supreme Court of India · 2008-12-17

Shanti Bhushan & Anr vs U.O.I. & Anr

Citation / case number
AIR 2008 SC (SUPP) 895
Court
Supreme Court of India
Petitioner
Shanti Bhushan & Anr
Respondent
U.O.I. & Anr
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court ruled that the appointment of a Judge to the Madras High Court must comply with the procedures established in the Second Judges Case (Supreme Court Advocates-on-Record Association & Ors. v. Union of India, 1993 (4) SCC 441) and Special Reference No.1 of 1998 (1998 (7) SCC 739), which require the Chief Justice of India to consult senior colleagues before forming an opinion. The Court held that the appointment of respondent No.2 as a permanent Judge was invalid as it did not adhere to these procedural norms, thus quashing the appointment and emphasizing the necessity of collective consultation in judicial appointments under Article 32 of the Constitution.

Shanti Bhushan & Anr vs U.O.I. & Anr · Niyam