KUMAR PADMA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE President of India by a warrant dated 15/10/1991 under his hand and seal appointed K.N. Srivastava as a Judge of Gauhati High court. He has not as yet made and subscribed an oath/affirmation as required under Article 219 of the Constitution of India and as such has not entered upon his office. THE question for our consideration is whether the appointment of Srivastava as High court Judge is infraction of Articles 217(2 and 217(1 of the Constitution of India. Is he qualified for appointment as a Judge -if so has the mandatory process of consultation under the Constitution been followed.

(2.) SHRI Lal Thanhawla, Chief Minister Mizoram by his letter dated 29/09/1989 addressed to chief justice Gauhati High court recommended the name of Srivastava for appointment as a Judge of Gauhati High court. Capt. W.A. Sangma, governor of Mizoram reiterated the recommendation by his letter dated 4/10/1989. The 433 chief justice Gaubati High court by his separate letters dated 25/10/1989 addressed to governor of Mizoram and Chief Minister, Mizoram acknowledged the receipt of the recommendations and stated that he would take necessary action immediately after formation of a permanent bench at Aizawl. Mr Swaraj Kaushal who succeeded Capt. W.A. Sangma as governor Mizoram addressed a detailed letter dated 5/05/1990 recommending Srivastava for appointment as a Judge. Along with the recommendation he enclosed bio-data of Srivastava which is as under: "BIO-DATA OF SHRI K.N. SRIVASTAVA, M.J.S. LEGAL REMEMBRANCER AND secretary LAW and JUDICIAL ETC. government OF MIZORAM <FRM>JUDGEMENT_428_2_1992Html1.htm</FRM>

(3.) THE Minister of Law and Justice approved Srivastava's appointment as a Permanent Judge of Gauhati High court on 14/08/1991. THEreafter a summary was prepared by the Department of Justice for the consideration of the Prime Minister and the President of India. In the said summary Srivastava was presented as under: