NDLI: Sunil Samdaria Vs. Union of India Through Its Secretary, Ministry of Law and Justice and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India – Arts. 217 and 224
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Constitution of India – Arts. 217 and 224 – Appointment ofAdditional Judges of High Court – Petitioner challengedappointment of respondent nos.2 and 3 as Additional Judges ofHigh Court on two grounds – Firstly, both the appointments havingbeen made for a period of less than two years violates Art.224 andsecondly, both respondents were retired members of judicial serviceof the State and notification was issued when both were not holdinga judicial office, hence they were not eligible for appointment asAdditional Judges of the High Court u/Art. 217(2) – Held:Respondent Nos.2 and 3 retired from the post of District Judgerespectively on 30.09.2016 and 31.07.2016 after attaining the ageof superannuation of 60 years – Notification appointing respondentNos.2 and 3 was issued on 12.05.2017 by which appointment ofrespondent no.2 was made till 01.09.2018 whereas the appointmentof respondent no.3 was made till 02.07.2018 – The question as towhen remaining tenure of a person to be appointed as AdditionalJudge is less than two years, whether such appointment is inconformity with Art.224 or not, was neither gone into nor any opinionwas expressed by the Supreme Court in the case of S.P .Guptawhereas an observation was made therein which supports the viewthat in case where Additional Judge has been appointed for a periodof two years, he would cease to be Judge if he attains the age of 62years prior to the expiration of his term of two years – This clearlysupports that the tenure of appointment of Additional Judges whohave less than two years to retire is not contrary to Art.224 – Insofaras second ground is concerned, a plain reading of eligibility asprovided u/Art.217(2)(a) does not make the respondent nos.2 and3 ineligible for appointment as Additional Judge of the High Court– Art.217(2)(a) does not indicate that qualification is also meant that apart from holding 10 years a judicial office, the incumbentshould also be holding judicial office at the time notification u/Art.224 is issued.Constitution of India – Art.224 – Purpose and object – Held:Appointment of Additional Judges was envisaged as appointmentto cope with the increased work load of cases in different HighCourts – The temporary increase in the business of the High Courtor by reason of arrears of work therein was a reason for appointmentor reason for invoking power u/Art.224 – But to cope with theincrease in business of the High Court and the arrears of casesemergent steps are needed by all to fulfill the object and purposefor which constitutional provision was brought in place, enormousdelay in appointment of Judges of the High Courts not only frustratethe purpose and object for which Art.224(1) was brought into theConstitution but belies the hope and trust of litigant who comes tothe High Courts seeking justice and early disposal of their cases –It is, therefore, in the interest of all the stakeholders, including thejudiciary, that definite timelines are drawn for each stage of theprocess, so that process of appointment is accomplished within atime bound manner.Constitution of India – Art.217(2)(a) – Qualification forappointment of a Judge of the High Court – Use of word ‘held’ inArt.217(2)(a) – Words and Phrases.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2018 INSC 202
Petitioner	Sunil Samdaria
Respondent	Union Of India Through Its Secretary, Ministry Of Law And Justice And Others
SCR	[2018] 10 S.C.R. 289
Judgement Date	2018-02-23
Case Number	835

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