Judicial Consultation in Appointments & Transfers: Plurality of Judges Required

The court held that consultation with the Chief Justice of India (CJI) in judicial appointments and transfers requires consultation with a plurality of judges, not just the individual opinion of the CJI. Judicial review of transfers is limited to ensuring consultation with senior judges. The CJI must consult a collegium of the four senior most puisne judges for appointments to the Supreme Court and transfers of High Court judges. The CJI is not entitled to act solely without consulting other judges. Recommendations made without compliance with consultation norms are not binding on the Government of India.

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Issues Involved:
1. Consultation with the Chief Justice of India (CJI) in judicial appointments and transfers.
2. Judicial review of the transfer of judges.
3. Requirement of consultation by the CJI with senior judges.
4. Acting solely by the CJI without consultation.
5. Requirement of consultation with judges conversant with the concerned High Court.
6. Recording reasons for departure from seniority in appointments.
7. Written opinions of consulted judges.
8. Compliance with norms and consultation process by the CJI.
9. Binding nature of recommendations made without compliance.

Summary:

Issue 1: Consultation with the Chief Justice of India
- Question: Whether the expression "consultation with the Chief Justice of India" in Articles 217(1) and 222(1) requires consultation with a plurality of judges.
- Judgment: The expression requires consultation with a plurality of judges in forming the opinion of the CJI. The sole, individual opinion of the CJI does not constitute "consultation" within the meaning of the said articles.

Issue 2: Judicial Review of Transfers
- Question: Whether the transfer of judges is judicially reviewable.
- Judgment: Judicial review of transfers is limited to ensuring that the recommendation by the CJI has been made in consultation with the four senior most puisne judges of the Supreme Court and that the views of the Chief Justices of the High Courts involved have been obtained.

Issue 3: Requirement of Consultation by the CJI with Senior Judges
- Question: Whether Article 124(2) requires the CJI to consult only the two senior most judges or a wider consultation.
- Judgment: The CJI must consult a collegium consisting of the four senior most puisne judges of the Supreme Court for appointments to the Supreme Court and transfers of High Court judges.

Issue 4: Acting Solely by the CJI Without Consultation
- Question: Whether the CJI can act solely in his individual capacity without consulting other judges.
- Judgment: The CJI is not entitled to act solely in his individual capacity without consultation with other judges of the Supreme Court regarding materials and information conveyed by the Government of India for non-appointment of a judge recommended for appointment.

Issue 5: Requirement of Consultation with Judges Conversant with the Concerned High Court
- Question: Whether the requirement of consultation by the CJI refers only to judges from the parent High Court.
- Judgment: The requirement does not refer only to judges from the parent High Court but includes judges who have occupied the office of a judge or Chief Justice of that High Court on transfer.

Issue 6: Recording Reasons for Departure from Seniority in Appointments
- Question: Whether "strong cogent reasons" need to be recorded for departing from seniority.
- Judgment: "Strong cogent reasons" do not need to be recorded for each senior judge passed over. What needs to be recorded is the positive reason for the recommendation.

Issue 7: Written Opinions of Consulted Judges
- Question: Whether the government is entitled to require that the opinions of the other consulted judges be in writing.
- Judgment: The views of the judges consulted should be in writing and conveyed to the Government of India by the CJI along with his views.

Issue 8: Compliance with Norms and Consultation Process by the CJI
- Question: Whether the CJI is obliged to comply with the norms and consultation process.
- Judgment: The CJI is obliged to comply with the norms and the consultation process in making his recommendations to the Government of India.

Issue 9: Binding Nature of Recommendations Made Without Compliance
- Question: Whether recommendations made by the CJI without complying with the norms and consultation process are binding upon the Government of India.
- Judgment: Recommendations made by the CJI without complying with the norms and requirements of the consultation process are not binding upon the Government of India.

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