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Wednesday, September 9, 1998

SC not to review law on judges appointment

EXPRESS NEWS SERVICE  
NEW DELHI, SEPT 8: The Supreme Court today made it clear that it will not ``review or reconsider'' the 1993 Advocates-on-record judgment on judicial transfer and appointments and will decide the nine points raised in the Presidential Reference on the issue in the light of the 1993 judgment.

The clarification by the nine-judge Constitution Bench headed by Justice A S Anand came during the resumed hearing on the Presidential Reference to decide on which of the intervention applications should be admitted.

Appearing for the Union, Attorney General Soli J Sorabjee assured the Bench that it will abide by ``letter and spirit'' the Bench's opinion on the reference raising nine questions on the consultative process to be followed in appointment of judges. The AG assured that ``whatever the nine-judge Bench says, whether advisory or not, will be binding on the government.''

The Bench said that as the apex court's 1993 judgment laying down guidelines regarding appointment of judges to the Supreme Court and chiefjustices and judges to the various High Courts has become the law of the land, it ``will neither review nor reconsider the judgement but consider the reference in the light of the judgement.''

``However, if any grey area emerged during the hearing of the Presidential Reference, the court will make an earnest effort to clarify it,'' the Bench observed. The final hearing on the reference would commence on September 15.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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