Reply To: Consultation

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#122056
advtanmoy
Keymaster

President the obligation to consult the Chief Justice for Judges Appointment

Fazal Ali, J. in his concurrent judgment noticed Union of India v. Sankalchand Himatlal Sheth [(1977) 4 SCC 193] wherein it was opined that for purposeful consideration of a matter, the President while consulting the Chief Justice must make the relevant data available to him, stating:

“…If the facts necessary to arrive at a proper conclusion are not made available to the Chief Justice, he must ask for them because, in casting on the President the obligation to consult the Chief Justice, the Constitution at the same time must be taken to have imposed a duty on the Chief Justice to express his opinion on nothing less than a full consideration of the matter on which he is entitled to be consulted. The fulfilment by the President, of his constitutional obligation to place full facts before the Chief Justice and the performance by the latter, of the duty to elicit facts which are necessary to arrive at a proper conclusion are parts of the same process and are complementary to each other. The faithful observance of these may well earn a handsome dividend useful to the administration of justice. Consultation within the meaning of Article 222(1), therefore, means full and effective, not formal or unproductive consultation.”