JATIN CHAKRAVORTY Vs. JUSTICE HIMANSU KUMAR BOSE

JUDGEMENT

(1.) This is an application by Shri Jatin Chakravorty, a member of the West Bengal Legislative Council, for the issue of a writ in the nature of Quo Warranto, restraining the respondents from acting as a Judge of the High Court of Calcutta and from exercising the duties and function of a Judge. There are five respondents to this application. The first is the present Chief Justice of this Court and the remaining four are puisne Judges.

(2.) In this application, the petitioner challenges, the validity of the Constitution (Fifteenth Amendment) Act, 1963 which came into operation on the 6th October, 1963, and which inter alia amended Article 217, in Ch. V, Part VI of the Constitution. Previous to the amendment, a Judge of a High Court had office until he attained the age of sixty years. By the amendment, the retiring age has been increased to sixty two. Under the old provisions, the respondents attained their retiring ages as follows: - <FRM>JUDGEMENT_14_CALLT1_1964Html1.htm</FRM>

(3.) It follows that, but for the amendment of the Constitution by the Fifteenth Amendment, they would all have retired by now. They are all exercising their functions as a Judge by reason of the extension in their tenure of office, caused by the said amendment.