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Judicial Review after the President's Order of Removal of a Judge : Does not Inspire Constitutional Legitimacy

By Nilay Vipinchandra Anjaria

Published In

Air 1993

The five-Judge Bench of Hon'ble Supreme Court in its judgment delivered on 27th August 1992 in the case of Mrs. Sarojini Ramaswamy v. Union of India (Writ Petn. (Civil) No. 514 of 1992) (reported in 1992 AIR SCW 2683) held that the impeachment facing Judge Mr. V. Ramaswamy would not be entitled to a copy of the Inquiry Committee Report at the stage when it is to be submitted to the Speaker for tabling the same before the House of People. The Supreme Court has rested this conclusion on the premise that the concerned Judge would be able to seek a judicial review of the finding of 'guilty' of the Inquiry Committee, if any, after the Presidential order of removal of Judge, if passed. The declaration that at the end of the Parliament's vote and consequential order of the President removing the Judge, the finding of 'guilt' can be subjected to judicial review is a controversial proposition. It is open to grave doubts whether such a course is permissible under the Constitutional scheme of ....

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