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would certainly fall in the realm of judicial review. However, when we are
earmarking a joint venture process as a participatory consultative process,
the primary aim of which is to reach an agreed decision, one cannot term the
Supreme Court Collegium as superior to High Court Collegium. The
Supreme Court Collegium does not sit in appeal over the recommendation of
the High Court Collegium. Each Collegium constitutes a participant in the
participatory consultative process. The concept of primacy and plurality is in
effect primacy of the opinion of the Chief Justice of India formed
collectively. The discharge of the assigned role by each functionary helps to
transcend the concept of primacy between them. It is important to note that
each constitutional functionary involved in the participatory consultative
process is given the task of discharging a participatory constitutional
function, there is no question of hierarchy between these constitutional
functionaries. Ultimately, the object of reading such participatory
consultative process into the Constitutional scheme is to limit judicial review
restricting it to specified areas by introducing a judicial process in making of
appointment(s) to the higher judiciary. These are the norms, apart from
modalities, laid down in the case of Supreme Court Advocates-on-Record
Association (supra) and also in the judgment in Re. Special Reference No.
1 of 1998 (supra). Consequently, judicial review lies only in two cases,
namely, "lack of eligibility" and "lack of effective consultation". It will not
lie on the content of consultation.