214th Report - Law Commission of India

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30the basis for the existing convention whichrequired the Chief Justice of India to consultsome Judges of the Supreme Court before makinghis recommendation.This ensures that theopinion of the Chief Justice of India is notmerely his individual opinion, but an opinionformed collectively by a body of men at the apexlevel in the judiciary.In matters relating to appointments in the HighCourts, the Chief Justice of India is expectedto take into account the views of his colleaguesin the Supreme Court who are likely to beconversant with the affairs of the concernedHigh Court. The Chief Justice of India may alsoascertain the views of one or more senior Judgesof that High Court whose opinion, according tothe Chief Justice of India, is likely to besignificant in the formation of his opinion.The opinion of the Chief Justice of High Courtwould be entitled to the greatest weight, and
31the opinion of the other functionaries involvedmust be given due weight, in the formation ofthe opinion of the Chief Justice of India. Theopinion of the Chief Justice of High court mustbe formed after ascertaining the views of atleast the two seniormost Judges of the HighCourt.The Chief Justice of India, for the formation ofhis opinion, has to adopt a course which wouldenable him to discharge his duty objectively toselect the best available persons as judges ofthe Supreme Court and the High Courts.Theascertainment of the opinion of the other Judgesby the Chief Justices of India and theChiefJustice of High Court, and the expression oftheir opinion, must be in writing to avoid anyambiguity.For a full coverage of all details and reasonswhich are summarized in the conclusionsaforementioned which are not being repeated for
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 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: 29“This opinion has to be formed
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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