Legal Question in Constitutional Law in India

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.


Asked on 7/24/09, 1:03 pm

1 Answer from Attorneys
KAMAL GROVER

Your question is not clear but even though i can just explain it that as per constitution of India once a person has been appointed on the post of judge, he could not be removed till he is retired or there is some defect in his appointment or he is not appointed permanently or he has made a grave error of law and he has been given sufficient opportunity to be heard or he may himself resign.

If the case did not cover under these points then it should be reviewed and the judge has full right to be reappointed and earlier order should be quashed. Rest supreme court is Supreme and no one can judge their judgment, due to the uncertantity in judgments day by day. one day they said that gay sex is unnatural and other day they may allow the same for the sake of their degnity or else. So we can only wish you good luck and advice you to approach any good lawyer or firm who may have approach to the judges of Supreme court. It happens only in India. Good Luck

For More detail, you may contact to the undersigned;

Mr. Kamal Grover,

Advocate (India)

M: 09814110005

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Answered on 7/24/09, 2:31 pm


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