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december 2008

Supreme Court of India · 2008-12-17

SHANTI BHUSHAN vs U.O.I.

Citation / case number
SC 2007/20317
Court
Supreme Court of India
Petitioner
SHANTI BHUSHAN
Respondent
U.O.I.
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court addressed a writ petition under Article 32 of the Constitution challenging the appointment of a Judge to the Madras High Court. The Court reiterated that the appointment process must adhere to the principles established in Supreme Court Advocates-on-Record Association v. Union of India (1993) and Special Reference No.1 of 1998, emphasizing that the Chief Justice of India must consult senior judges to form a collective opinion. The Court held that the appointment of the respondent as a permanent Judge was invalid due to non-compliance with these procedural requirements.

SHANTI BHUSHAN vs U.O.I. · Niyam