Facts
Earlier government had sole authority to appoint judges to the highest courts. This is a landmark case on judges’ appointment and is popularly known as the Judges Transfer case. This case came in to change that as the Chief Justice challenged the jurisdiction of the Executives in the appointment of judges.
Issues
Whether the Chief Judge has the primary right in the appointment of judges or whether the power of the chief justice with respect to that is participatory?
Judgment
The court held that the Chief Judge is mandated under COI to appoint judges. Thus, Articles 124 is different from Article 74 and this invariably means that the Chief Judge can provide an advice to the President but advice must be constitutional & within confines of the law. If it is not, it is null & void.
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