Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950: Article 217 - Appointment of High Court Judge CONSTITUTION OF INDIA |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | CONSTITUTION OF IND/A, 1950: Article 217 - Appointment of High Court Judge - Writ petition seeking direction to Union of India and Supreme Court Collegiums to return the list of 12 persons comprising of ten Advocates and two District Judges for consideration by the collegiums of Supreme Court for appointment as Judges of the Madras High Court on the ground of non-suitability - Maintainability of - Held: The writ petitioners took a premature step by filling writ petitions seeking a direction to Union of India to return the list sent by the collegium of the Madras High Court without further waiting its consideration by the Supreme Court collegium - The fact-situation is that even after the President of India accepts the recommendations and warrants of appointment are issued, the Court is competent to quash the warrant - In such a situation, the writ petitioners or the members of the Bar could approach the Chief Justice of India; or the Law Minister - But instead of resorting to such a procedure, the writ petitioners had adopted an unwarranted short-cut knowing it fully well that on the ground of the suitability, the writ petitions were not maintainable. JUDICIARY: Judicial Appointments - Guiding factors - Discussed. JUDICIAL REVIEW: Judicial Appointments - Held: Judicial review is permissible only on assessment of eligibility - and not on suitability. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2014 INSC 169 |
Petitioner | Registrar General, High Court Of Madras |
Respondent | R. Gandhi & Ors. |
SCR | [2014] 4 S.C.R. 77 |
Judgement Date | 2014-03-05 |
Case Number | 892-893 |
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