India | Constitutional Law
Legal Question
On 6/5/2009 the Supreme Court hearing a civil appeal on constitutional validity of issuance of quo warrento to a judge in SC 7306/2008, held that the consultation process fell with in the ambit provision of law for a judicial review. The fact is that the President of India had found in an earlier condition the judge not suitable for getting a post of a permanent judge and this was not made known to the CJ of Madras High court and had he known he would not have been recommended. The judge appointment was nullified.
On 6/7/2009 the Apex court rejected a similar appeal against the posting of a judge in Allahabad High Court in SC 06 of 2009. In this case the judge was never practicing in a high court and that in some tribunals when he gave judgments an investigating committee found his suitability well short. This was brought to the notice of SC. Collegiums vetted the information and sent to Allahabad High court for reconsideration. The sate court held to its gun and resent the recommendation. Then the president put her stamp
In both the cases the judges were not suitable for appointment. In first case unsuitability factor was not discussed and the other case it was discussed and the recommending collegiums of judges felt its recommendation will not be reconsidered. .
Can an unsuitability factor not play its part if proper consultation was held and play its part if with held from the authorities?
The fact remains in both cases the judges are not suitable.
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Read More Answered By: KAMAL GROVER |
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