214th Report - Law Commission of India

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405. The requirement of consultation by theChief Justice of India with his colleagueswho are likely to be conversant with theaffairs of the High Court concerned doesnot refer only to those Judges who havethat High Court as a parent High Court. Itdoes not exclude Judges who have occupiedthe office of a Judge or Chief Justice ofthat High Court on transfer.6. “Strong cogent reasons” do not have to berecorded as justification for a departurefrom the order of seniority in respect ofeach senior Judge who has been passed over.What has to be recorded is the positivereason for the recommendation.7. The views of the other Judges consultedshould be in writing and should be conveyedto the Government of India by the ChiefJustice of India along with his views to
41the extent set out in the body of hisopinion.8. The Chief Justice of India is obliged tocomply with the norms and the requirementof the consultation process, asaforestated, in making his recommendationsto the Government of India.9. Recommendations made by the Chief Justiceof India without complying with the normsand requirements of the consultationprocess, as aforestated, are not bindingupon the Government of India (emphasissupplied)Part-IIAnalysis of the judges cases I, II & III – I, II &III – S.P. Gupta Vs. UOI reported in AIR 1982Supreme Court 149, Supreme Court Advocates on RecordAssociation Vs. UOI reported in 1993(4) SCC 441 and
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 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: 39Court to which the transfer is to
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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