CJI's opinion not binding: AG

NEW DELHI, Oct 7 (PTI) — The Attorney-General (AG) today contended before the Supreme Court that the government was not bound by the recommendation of the Chief Justice of India on appointment of judges to the apex court and high courts if he had not followed the due process of consultations with other judges.

There was need to develop a healthy convention of wider consultation (between CJI and other judges) to eliminate any scope for arbitrariness and to ensure appointment of those with integrity and ability, AG Soli Sorabjee submitted before the nine-judge constitution bench headed by Mr Justice S.P. Bharucha, which began hearing the presidential reference on the process of appointment and transfer of judges,

Terming appointment of judges to the apex court as "one of the most important and delicate functions", he said all earlier judgements of the apex court on this subject had envisaged wider consultation between the CJI and senior judges.

On the primacy to the CJI’s views on appointments and transfers, Mr Sorabjee said, "there cannot be any individual conferred with absolute powers in any sphere of constitutional activity be it the CJI or the Prime Minister."

The Attorney-General advocated that wider consultation process as stipulated in the process for appointment of judges by the apex court in the Scora judgement should also be applicable in the process for transfer of judges.

"The requirement of due consultation becomes all the more important in view of the awesome powers of transfer, the consequence of which may reflect on judges and judiciary," Mr Sorabjee said.

He submitted that the element of plurality of judges in the formation of the CJI’s opinion regarding transfer and appointment of judges is itself a check on arbitrariness and bias hence the apex court in Scora judgement had provided for limited scope for judicial review of such decisions.

On the transfer of judges, he cited a number of case laws and said the clear view of the Supreme Court was that transfer of judges should be effected in public interest and for better administration of justice and should not be punitive.

Mr Sorabjee said there was one grey area where a transfer could not be termed as against public interest and punitive yet improper and sought to know the view of the court.