VidhiSangh

Supreme Court of India · 23/02/2018

SUNIL SAMDARIA versus UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF LAW AND JUSTICE AND OTHERS

[2018] 10 S.C.R. 289 · 2018 INSC 202

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Summary

The Supreme Court dismissed a challenge to the appointment of two retired district judges as Additional Judges of the Rajasthan High Court. Appointment for less than two years was valid because they would attain the constitutional retirement age of 62 before completing two years. Article 217(2)(a) required ten years of holding judicial office, without requiring continued service when the appointment notification issued. The Court also urged expedition and definite timelines in the judicial appointments process.

Issues

  1. Whether Additional Judges could be appointed for less than two years because they would attain 62 earlier.
  2. Whether retirement from the subordinate judiciary before notification made otherwise qualified candidates ineligible.
  3. Whether S.P. Gupta and Shri Kumar Padma Prasad invalidated these appointments.

Provisions considered

Held

Result

Writ petition dismissed. Challenge to the notification appointing the two Additional Judges rejected, with observations urging timely judicial appointments.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 289.