Chapter

The Judges' Case<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0077
The Judges' Case1

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The article examines the Court's opinion on the president's reference to the court, on nine questions, delivered by Justice Bharucha on 28th October, 1998. The president's reference consisted on nine questions relating, broadly, to three main topics: the range of consultation between the CJI and his brother judges on recommendation for both appointment of judges to the Supreme Court and high courts and transfer of high court judges; judicial review of transfer of high court judges, and relevance of seniority in making appointment to the Supreme Court. Justice Bharucha opined that the chief justice, following the Second Judge's case ruling on 6 October 1993, will have privacy if he consults four other judges. The fact however is that the Constitution does not spell out the number of people to be consulted. It is a creation of the court, and there is hardly any reason to believe that this will be foolproof method. The pronouncement and setting of procedural guidelines could be seen as 'usurpation of the legislature function under thin guise of interpretation'

Keywords: president's reference; Justice Bharucha; transfer of high court judges; appointment of judges; judicial review; Second Judge's case

Chapter.  5877 words. 

Subjects: Constitutional and Administrative Law

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