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Issues Involved:
1. Constitutional obligation of the court to decide on the extent of power conferred on each branch of government. 2. Justiciability of political questions. 3. Nature and structure of the judiciary in India. 4. Appointment and continuation of High Court Judges. 5. Transfer of Judges from one High Court to another. 6. Validity of the circular letter by the Law Minister. 7. Consultation process under Article 217(1) and Article 222 of the Constitution. 8. Judicial review of administrative decisions regarding the judiciary. 9. Issuance of mandamus to ensure adequate number of Judges in High Courts. Issue-Wise Detailed Analysis: 1. Constitutional Obligation of the Court: The judgment asserts that the Constitution is the paramount law, and no branch of government is above it. The court has the constitutional obligation to decide if any branch has exceeded its power. The court is the ultimate interpreter of the Constitution and must uphold constitutional values and enforce limitations. 2. Justiciability of Political Questions: The court negated the objection that political questions are non-justiciable. However, it clarified that courts are not entitled to inquire into every question, especially those related to international relations and national security. 3. Nature and Structure of the Judiciary in India: The judgment discusses the integrated judiciary system in India, where the High Courts and the Supreme Court form a single judiciary. It emphasizes the lack of dual judiciary, unlike the USA, and the uniformity in fundamental laws, civil and criminal, across the country. 4. Appointment and Continuation of High Court Judges: The judgment examines the appointment process under Article 217(1), stating that every Judge must be appointed by the President after consultation with the Chief Justice of India, the Governor of the State, and the Chief Justice of the High Court. The judgment also discusses the continuation of Additional Judges and the need for their reappointment based on merit and integrity. 5. Transfer of Judges from One High Court to Another: The judgment upholds the power of the President to transfer Judges under Article 222 after consultation with the Chief Justice of India. It clarifies that the consent of the Judge is not necessary for the transfer, and such transfers must be in the public interest. 6. Validity of the Circular Letter by the Law Minister: The circular letter dated March 18, 1981, requesting Additional Judges to consent to appointments in other High Courts was challenged. The judgment found no merit in the contention that the letter contained a threat. It upheld the policy of having some Judges in every High Court from outside the State as a measure to promote national integration and impartiality. 7. Consultation Process under Article 217(1) and Article 222: The judgment emphasizes the need for full and proper consultation with the authorities mentioned in Article 217(1) before appointing or transferring Judges. It discusses the consultation process in detail, including the exchange of letters and meetings between the Chief Justice of the High Court, the Chief Justice of India, and the Law Minister. 8. Judicial Review of Administrative Decisions Regarding the Judiciary: The judgment asserts the court's power to review administrative decisions related to the judiciary to ensure they are not arbitrary or based on irrelevant grounds. It examines the reasons for non-appointment and transfer of Judges and finds no constitutional impropriety in the decisions made by the President. 9. Issuance of Mandamus to Ensure Adequate Number of Judges in High Courts: The judgment directs the Union Government to review the strength of permanent Judges in every High Court and fill up vacancies based on the workload. It emphasizes the duty of the President under Article 216 to appoint sufficient number of Judges to ensure the proper functioning of the judiciary. Conclusion: The judgment addresses multiple issues related to the appointment, continuation, and transfer of High Court Judges, emphasizing the constitutional obligations and the need for proper consultation and adherence to public interest. It directs the Union Government to take necessary steps to ensure an adequate number of Judges in High Courts.
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