Consultation - Indian Laws - General

Word consultation The Black s Law Dictionary, 10th Edition, defines consultation as follows: Consultation, n.(15c) 1. The act of asking the advice or opinion of someone (such as a lawyer). 2. A meeting in which parties consult or confer. 3. Int l law. The interactive methods by which states seek to prevent or resolve disputes.- consult, vb.-consulting, consultative, adj. Advanced Law Lexicon by P. Ramanatha Aiyar, 3rd Edition, defines consult : Consult. Consult implies a conference of two or more persons or the impact of two or more minds brought about in respect of a topic with a view to evolve a correct or atleast a satisfactory solution. It must be directed to the essential points of the subject under discussion and enable the consulter to consider the pros and cons before coming to a decision. The consultation may be between an uninformed person and an expert or between two experts. The consultation or deliberation is not complete or effective unless parties there to makes their respective points of view known to the others and examine the relative merit of their view. The consultation is a process which requires meeting of minds between the parties involves in the process of consultation on the material facts and points involved. The consultation has to be meaningful, effective and conscious consultation. We may now notice few cases of this Court where the expression consultation as occurring in the Constitution of India has been dealt with. In Chandramouleshwar Prasad v. The Patna High Court and Ors.- 1969 (10) TMI 92 - SUPREME COURT , this Court had occasion to consider the expression consultation as occurring in Article 233 of the Constitution. The Constitution Bench of this Court explaining the expression consultation held that consultation is not an empty formality and it should be complete and effective. Following has been laid down in paragraph 7 of the judgment: 7....Consultation with the high Court Under Article 233 is not an empty formality. So far as promotion of officers to the cadre of District Judges is concerned the High Court is best fitted to adjudge the claims and merits of persons to be considered for promotion. The Governor cannot discharge his function Under Article 233 if he makes an appointment of a person without ascertaining the High Court s views in regard thereto... ...Consultation or deliberation is not complete or effective before the parties thereto make their respective points of view known to the other or others and discuss and examine the relative merits of their views. If one party makes a proposal to the other who has a counter proposal in his mind which is not communicated to the proposer the direction to give effect to the counter proposal without anything more, cannot be said to have been issued after consultation. In our opinion, the notification of October 17, 1968 was not in compliance with Article 233 of the Constitution. In the absence of consultation the validity of the notification of October 17, 1968 cannot be sustained. In Union of India v. Shankalchand Himatlal Sheth and Anr.- 1977 (9) TMI 115 - SUPREME COURT , the Constitution Bench of this Court had occasion to examine Article 222 and the expression consult . Explaining the word consult , Justice Y.V. Chandrachud, in paragraphs 38 and 39 laid down following: In Words and Phrases (Permanent Edition, 1960, Volume 9, page 3) to consult is defined as to discuss something together, to deliberate . Corpus Juris Secundum (Volume 16A, Ed. 1956, page 1242) also says that the word consult is frequently defined as meaning to discuss something together, or to deliberate . Quoting Rollo v. Minister of Town and Country Planning and Fletcher v. Minister of Town and Country Planning Stroud s Judicial Dictionary (Volume 1 Third Edition, 1952, page 596) says in the context of the expression consultation with any local authorities that Consultation means that, on the one side, the Minister must supply sufficient information to the local authority to enable them to tender advice, and, on the other hand, a sufficient opportunity must be given to the local authority to tender advice . Thus, deliberation is the quintessence of consultation. That implies that each individual case must be considered separately on the basis of its own facts. Policy transfers on a wholesale basis which leave no scope for considering the facts of each particular case and which are influenced by one-sided governmental considerations are outside the contemplation of our Constitution. In Indian Administrative Services (S.C.S.) Association, U.P. and Ors.- 1992 (11) TMI 281 - SUPREME COURT , this Court had occasion to explain the expression consultation as occurring in All India Services Act, 1951. In paragraph 26, following conclusions were recorded by this Court: 26.(1) Consultation is a process which requires meeting of minds between the parties involved in the process of consultation on the material facts and points involved to evolve a correct or at least satisfactory solution. There should be meeting of minds between the proposer and the persons to be consulted on the subject of consultation. There must be definite facts which constitute the foundation and source for final decision. The object of the consultation is to render consultation meaningful to serve the intended purpose. Prior consultation in that behalf is mandatory. DR. JAISHRI LAXMANRAO PATIL, SANJEET SHUKLA, - 2021 (5) TMI 1038 - SUPREME COURT