Supreme Court Advocates-on-Record – Association and another Vs. Union of India
This is a significant case in Indian constitutional law, commonly known as the “Second Judges Case.” It was decided by a nine-judge bench of the Supreme Court of India on October 6, 1993.
The case revolved around two main questions:
- The position of the Chief Justice of India in the appointment of judges.
- The justiciability of the fixation of judge strength.
In its judgment, the Supreme Court emphasized the importance of judicial independence and the separation of powers as fundamental features of the Indian Constitution. The court ruled that the Chief Justice of India should play a central role in the appointment of judges to the Supreme Court and High Courts.
The judgment also led to the adoption of the collegium system for the appointment of judges, in which a panel of senior judges makes recommendations to the President of India for judicial appointments. This system was intended to insulate the judiciary from political influence and ensure the independence of the judicial branch.
The case “Supreme Court Advocates-on-Record Association and another Vs. Union of India” is a landmark legal matter in India. It pertains to various issues related to the functioning of the Supreme Court, particularly concerning the appointment and functioning of advocates-on-record.
The Supreme Court Advocates-on-Record Association, along with another party, filed this case against the Union of India, raising important legal questions and seeking judicial intervention. Without specific details about the contentions raised and the outcome of the case, it’s challenging to provide further information.
The case of Supreme Court Advocates-on-Record Association & Anr. vs. Union of India is a significant one in Indian judicial history, particularly concerning the appointment of judges. Here’s a breakdown of the case:
Year: 1993 (also referred to as the Second Judges Case)
Court: Supreme Court of India
Parties:
- Petitioners: Supreme Court Advocates-on-Record Association and another (Anr likely refers to another petitioner)
- Respondent: Union of India
Key Issue:
The case challenged the primacy of the Central Government in appointing and transferring judges, as established in the earlier S.P Gupta vs Union of India case.
Judgment:
A nine-judge bench delivered the verdict. By a 7:2 majority, the court:
- Overruled the S.P Gupta case.
- Re-established the power of the Chief Justice of India (CJI) to play a crucial role in the appointment and transfer of judges.
Significance:
This landmark judgment restored a balance in the judicial appointment process, granting the CJI significant say in selecting judges for higher courts.
Additional Notes:
- This case is sometimes referred to as the Second Judges Case because it followed the S.P Gupta case.
- The Supreme Court Advocates-on-Record Association is a body representing advocates qualified to practice in the Supreme Court.
Supreme Court Advocates-on-Record – Association and another Vs. Union of India
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