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1 - 10 of 11 (0.21 seconds)Article 124 in Constitution of India [Constitution]
Article 143 in Constitution of India [Constitution]
Supreme Court Advocates-On-Record ... vs Union Of India on 6 October, 1993
6. The decision mentioned in the Reference, in Supreme Court Advocates-on-Record Association and Anr. v. Union of India, [1993] Supp 2 SCR 659, (now referred to as "the second Judges Case") was rendered by a Bench of nine learned Judges. It examined these issues :
Article 217 in Constitution of India [Constitution]
Article 224 in Constitution of India [Constitution]
THE CONSTITUTION (FIFTEENTH AMENDMENT) ACT, 1963
Government of India Act, 1935
S.P. Gupta vs Union Of India & Anr on 30 December, 1981
(14) The majority opinion in S.P Gupta v. Union of India, , in so far as it takes the contrary view relating to primacy of the role of the Chief Justice of India in matters of appointments and transfers, and the justiciability of these matters as well as in relation to Judge strength, does not commend itself to us as being the correct view. The relevant provisions of the Constitution including the constitutional scheme must now be understood and implemented in the manner indicated herein by us."
K.Ashok Reddy vs Government Of India on 7 February, 1994
39. What emerges from the aforesaid is this: before recommending the transfer of a puisne Judge of one High Court to another High Court, also as a puisne Judge, the Chief Justice of India must consult a plurality of Judges. He must take into account the views of the Chief Justice of the High Court from which the Judge is to be transferred, any Judge of the Supreme Court whose opinion may have significance in the case and atleast one other senior Chief Justice of a High Court or any other person whose views he considers relevant. The then Chief Justice of India had constituted, as was noted in Ashok Reddy 's case, a Peer Committee of the two seniormost puisne Judges of the Supreme Court and two Chief Justices of High Courts to advise him in the matter of transfers of High Court Judges. That Committee is no longer in position.