214th Report - Law Commission of India

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241.The process of appointment of Judges to theSupreme Court and the High Courts is anintegrated ‘participatory consultativeprocess’ for selecting the best and mostsuitable persons available for appointment;and all the constitutional functionariesmust perform this duty collectively with aview primarily to reach an agreed decision,sub serving the constitutional purpose, sothat the occasion of primacy does notarise.2.Initiation of the proposal for appointmentin the case of the Supreme Court must be bythe Chief Justice of India, and in the caseof a High Court by the Chief Justice of thatHigh Court; and for transfer of aJudge/Chief Justice of a High Court, theproposal has to be initiated by the ChiefJustice of India.This is the manner inwhich proposals for appointments to the
25Supreme Court and the High Courts as well asfor the transfers of Judges/Chief Justicesof the High Courts must invariably be made.3.In the event of conflicting opinions by theconstitutional functionaries, the opinion ofthe judiciary sumbolised by the view of theChief Justice of India, and formed in themanner indicated, has primacy.4.No appointment of any Judge to the SupremeCourt or any High Court can be made, unlessit is in conformity with the opinion of theChief Justice of India.5. In exceptional cases alone for stated strongcogent reasons, disclosed to the ChiefJustice of India, indicating that therecommendee is not suitable for appointment,the appointment recommended by the ChiefJustice of India may not be made.However,if the stated reasons are not accepted bythe Chief Justice of India and the other
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 and 18: 17of which is reproduced in the suc
Page 19 and 20: 19contributing and leave unsaid wha
Page 21 and 22: 21Para 491 - “At the outset, I mu
Page 23: 23in support of the conclusions rea
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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