Supreme Court of India

Sunil Samdaria v. Union of India through its Secretary, Ministry of Law and Justice and Others

Neutral citation
Bench A.K. Sikri and Ashok Bhushan JJ.
Decided 23 February 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the framers of the Constitution did not and could not have meant by a “judicial office” which did not exist independently and the duties or part of the duties of which could be conferred on any person whether trained or not in the administration of justice.

Judgment, page 16

From the headnote

Constitution of India – Arts. 217 and 224 – Appointment of Additional Judges of High Court – Petitioner challenged appointment of respondent nos.2 and 3 as Additional Judges of High Court on two grounds – Firstly, both the appointments having been made for a period of less than two years violates Art.224 and secondly, both respondents were retired members of judicial service of the State and notification was issued when both were not holding a judicial office, hence they were not eligible for appointment as Additional Judges of the High Court u/Art. 217(2) – Held: Respondent Nos.2 and 3…

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