S.C.Advocates on
Record Association v. Union of India was a case which was documented by the
Lawyers Association. At first, it was a Writ Petition in the Public Interest.
It was documented to know the huge number outward issues concerning the High
Court and the Adjudicators for the highest court. The Second Judges Case was
another name for this case. Justice J.S. Verma and four other judges who wrote
the majority opinion heard this case. The main issue in this case was the
"consultative" process, as stated in Article 124(2):
"Every Judge of the Supreme Court
shall be appointed by the President by warrant under his hand and seal after
consultation with such of the judges of the Supreme Court and High Courts of
the States as the President may deem necessary for the purpose and shall hold
office until he attains the age of sixty-five years."
The Court also
pointed out that the executive branch does not have "primacy" or
"absolute discretion" when it comes to appointment of judgesThe Court
also observed:
“The indication is that in the choice
of a candidate suitable for appointment, the opinion of the Chief Justice of
India should have the greatest weight. The selection should be made as a result
of a participative consultative process in which the executive should have the power
to act as a mere check on the exercise of power by the Chief Justice of India,
to achieve the constitutional purpose”.
The
above paraphrase clearly shows us that the court is placing the Judiciary above
the Executive when it comes up to the appointment of Judges. The Court also
went on to explain that when it has been mentioned that the Chief Justice of
the court will have the upper hand, that means that the Chief Justice along
with the collective opinion of some other Judges who have earlier been involved
in such a procedure. There were certain other points which have been laid down
in this Judgement which are as follows :
1) Whenever
there is a proposal in the appointment of a Supreme Court Judge, the process
will be initiated by the Chief Justice of India.
2) Every
Judge should give his/ her opinion in a much expressed manner i.e. in written
so as to maintain a better way of transparency and to have a better check on
the entire procedure.
3) The
senior most Judge of the Supreme Court will be the Chief Justice until and
unless there is a substantial reason as to why he should be executed from the
same.
This
Judgement helped make the process of appointment of judges much smoother and it
also helped eradicate most of the political influence as on behalf of the
executive and individual discretion on the part of other Constitutional bodies
in the due process.