CASE BRIEF

CASE NAME AND CASE LAW:

Supreme Court Advocates On Record Association v Union Of
India.; (Writ Petitions(C) No.13 of 2015 with Nos 14,18,23-
24,70,83,108,124,209,309,310,323,341,of2015,Transfer
Petition(C)Nos 391&971of 2015 ); [Section4(2) of Central
Vigillance Commission Act 2003,Section 4(2) of Lokpal &
Lokayukt Act 2013,Section 7 of Advocates Welfare Act,2001 &
Section 9 Of Protection Of Human Rights Act]
FACTS:
This is the case which is also called as the Judges Transfer
Case. This is the landmark case on judges appointment by the
High Court. Prior to this case, government had the sole
authority to appoint the judges. In this case Chief Justice
challenged the jurisdiction of the executives in appointment of
judges.
ISSUE:
Whether the chief judge has the sole & primary right in the
appointment of judges or whether the power of the chief justice
with respect to that is participatory?
JUDGEMENT:
The Hon’ble Supreme Court on October 16th,2015 by the 5-
judge bench of Justice S.Jaddish Singh Keher, Justice
Chamleshwar Justice Madan B. Lokur, Justice Kurian Joseph,&
Justice Adarsh Kumar Goel held that Chief Judge is mandated
under the Constitution to appoint judges. Article 124 is different
from Article 74 & this invariably means that the Chief Judge can
provide & advice to the president but the advice must be
constitutional &within the confines of the Law. If not then it is
null & void.