appoint/transfer High Court Judges and procedure to be followed - consultation with constitutional functionaries; Consent of concerned Judges etc.
(v) Validity of transfer of Judges ... legal aspects like privileged documents, See Pt. D. Interpretation of Constitution, Constitutional conventions etc.
32. It is the first issue examined
embodies an Implicit decision on their part that it was within their constitutional power to act as they did. The judiciary must accord the utmost ... unbounded judicial creativity would make this Court a day-to-day Constitutional Convention." Justice Frankfurter has pointed out that great Judges have constantly admonished
Including, the tenure of their appointments.”
37
undermined impartiality and breached constitutional
conventions meant to preserve the separation of powers.13
45. The Court observed ... body are selected.
This would also be violative of the recognized constitutional convention recorded by
Lord Diplock in Hinds v. R., 1977 AC 195, namely
people are generally viewed under our
Constitution and the various International Conventions.
Constitutional Rights and Conventions:
33. Article 244 (1) of the Constitution of India ... Regulations should be harmoniously
and widely be read as to elongate the Constitutional objectives and dignity
of person to the Scheduled Tribes and ensuring distributive
Madras Bar Association vs Union Of India on 25 September, 2014
“REPORTABLE”
IN THE SUPREME
Prime Minister has to have its base on constitutional
choice, tradition and constitutional convention which must
reflect the conscience of the Constitution. It is propounded ... passage from
Constitutional and Administrative Law by ECS Wade and AW
Bradley as well as the Constitutional Debates and urged
that a convention should
have been violated, the same amounts to violation of the
constitutional procedure and established conventions and,
therefore, the action of issuing the notice is vitiated ... basis. It certainly cannot be lifted to the status of a
constitutional convention. In addition, it was published during the
tenure of the 12th Assembly
basic structure of our Constitution.
q. There is a constitutional convention that all offences are tried only by the established criminal courts which are part
member of the House;
(ii) the disregard to the well established Constitutional Convention has hurt the basic structure of the Constitution;
(iii) no person ... fundamental article of republican government. It was incumbent on the convention, therefore, to define and establish this right in the Constitution. To have left
salient characteristics
and standards of a judicial authority in
accordance with Constitutional conventions
as laid down in Madras Bar Assn. v. Union of
India
