214th Report - Law Commission of India

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34of the Constitution of India, I, K.R. Narayanan,President of India, hereby refer the followingquestions to the Supreme Court of India forconsideration and to report its opinion thereon,namely:-1.Whether the expression ‘consultation with theChief Justice of India in Articles 217 (1) and222(1) requires consultation with a pluralityof Judges in the formation of the opinion ofthe Chief Justice of India constituteconsultation within the meaning of the saidarticles;2.Whether the transfer of Judges in judiciallyreviewable in the light of the observation ofthe Supreme Court in the aforesaid judgmentthat ‘such transfer is not justiciable on anyground’ and its further observation thatlimited judicial review is available inmatters of transfer, and the extent and scopeof judicial review;
353.Whether Article 124(2) as interpreted in thesaid judgment required the Chief Justice ofIndia to consult only the two seniormostJudges or whether there should be widerconsultation according to past practice;4.Whether the Chief Justice of India is entitledto act solely in his individual capacity,without consultation with other Judges of theSupreme Court in respect of all materials andinformation conveyed by the Government ofIndia for non-appointment of a Judgerecommended for appointment;5.Whether the requirement of consultation by theChief Justice of India with his colleagues,who are likely to be conversant with theaffairs of the High Court concerned refers toonly those Judges who have that High Court asa parent High Court and excludes Judges whohad occupied the office of a Judge or Chief
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 and 30: 29“This opinion has to be formed
Page 31 and 32: 31the opinion of the other function
Page 33: 33Supreme Court [Article 124 (2) of
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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