214th Report - Law Commission of India

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18vol.3).The noted jurist calls the judgment “null andvoid” (please see page 2936 Constitutional Lawof India by H M Seervai volume 3 fourthedition)At this stage it is essential to note thelament contained in the opening paragraph ofJustice M M Punchi’s dissenting judgment atpara 488 of 1993 (4) SCC 441 referred to inthe preceding paras.“Para 488 – M.M. Punchi J. (dissenting) – Thisopinion is in the nature of epilogue, thoughnot in stricto sensu.Much has already beenwritten on the two topics under reference tothis Bench, and on others as well withoutreference.I on my part would have liked toavoid making any addition thereto but it seemsthe turn of events leave me no choice. I feelit would be dereliction to withhold
19contributing and leave unsaid what needs to besaid (emphasis supplied)Para 490 – “This nine judge bench sat fromApril 7, 1993, to hear this momentous matterconcluding its hearing on May 11, 1993 closeto the onset of the summer vacation.Ientertained the belief that we all, after July12, 1993, on the reopening of the Court, ifnot earlier, would sit together and hold somemeaningful meetings, having a free and frankdiscussion on each and every topic which hadengaged our attention, striving for aunanimous decision in this historic matterconcerning mainly the institution of the ChiefJustice of India, relatable to this Court. Iwas indeed overtaken when I received the draftopinion dated June 14, 1993 authored by mylearned brother J.S. Verma, J. for himself andon behalf of my learned Brethren YogeshwarDayal, G.N. Ray, Dr. A.S. Anand and S.P.
Page 1 and 2: GOVERNMENT OF INDIALAW COMMISSION O
Page 3 and 4: 3The 18 th Law Commission was const
Page 5 and 6: 5The text of this Report is availab
Page 7 and 8: 7PROPOSAL FOR RECONSIDERATION OF JU
Page 9 and 10: 9the judicial wing.But to contempla
Page 11 and 12: 11the special and pivotal position
Page 13 and 14: 13E.S. Venkataramaiah JJ, in S.P. G
Page 15 and 16: 15Chief Justice of India that is pr
Page 17: 17of which is reproduced in the suc
Page 21 and 22: 21Para 491 - “At the outset, I mu
Page 23 and 24: 23in support of the conclusions rea
Page 25 and 26: 25Supreme Court and the High Courts
Page 27 and 28: 27be deemed to be punitive, and suc
Page 29 and 30: 29“This opinion has to be formed
Page 31 and 32: 31the opinion of the other function
Page 33 and 34: 33Supreme Court [Article 124 (2) of
Page 35 and 36: 353.Whether Article 124(2) as inter
Page 37 and 38: 378.Whether the Chief Justice of In
Page 39 and 40: 39Court to which the transfer is to
Page 41 and 42: 41the extent set out in the body of
Page 43 and 44: 43Provided that in the case of appo
Page 45 and 46: 45be consulted.The President should
Page 47 and 48: 47be followed in arriving at the Ch
Page 49 and 50: 49739, is urgently and immediately
Page 51 and 52: 51Chief Justice of the country. The
Page 53 and 54: 53Indian Constitution provides a be
Page 55 and 56: 55to adjudge the legal acumen. Thei
Page 57 and 58: 57“There was no problem till 1993
Page 59 and 60: 59It may be noted in this context t

214th Report - Law Commission of India

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