LAWS(SC)-2011-4-49

SURAZ INDIA TRUST Vs. UNION OF INDIA

Decided On April 04, 2011
SURAZ INDIA TRUST Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This writ petition has been filed under Article 32 of the Constitution by the present petitioner claiming itself to be the registered Trust under the provisions of Rajasthan Public Trust Act, 1959. It has been established in the legal arena for the larger public interest. The Trust's motto is to challenge those provisions of law which are ultra virus and unconstitutional. Basically the petitioner has sought the review of the judgment by nine Judges' Bench of this Court in Advocate on Record Association v. Union of India & Ors., 1993 4 SCC 441; so also in the case of Special Reference No.1 of 1998 (reported in (1998) 7 SCC 739), whereby this Court declared the primacy of the collegium in the matter of appointment of the Judges of the Supreme Court and the High Courts.

(2.) As Mr. Rajiv Daiya, Chairman of the Trust appeared in person and was not able to render any assistance to the Court. Thus, we requested Mr A.K. Ganguli, learned Senior counsel alongwith Mr. Bharat Sangal to assist the Court as amicus curiae. The petition raises large number of complicated issues. Meanwhile, we also sought assistance of the learned Attorney General for India.

(3.) Shri A.K. Ganguly, learned senior Advocate, has submitted: