In re Special Reference No 1 of 1998, AIR

1999 SC 1

Citation: AIR 1999 SC 1
Court: Supreme Court of India
Bench: S Bharucha, M Mukherjee, S Majmudar, S V
Manohar, G Nanavati, S S Ahmad, K Venkataswami, B
Kirpal, G Pattanaik
By – 1) Parvathi PK
2) Sini Sunny
3) Harshita Verma
  In 1998, a presidential reference was
made to the Supreme Court by the then
President K. R. Narayanan on issues
arising out of the Second Judges Case. 
The Attorney general of India made it
clear that they are not seeking any
Facts reconsideration or review of the verdict
in Second Judges case. The case was a
reference under Article 143 of the
constitution regarding the collegium
system and its functioning. Nine
questions were formulated for the
purpose of clarification.
 They were mainly related to
three aspects of law: -
Consultation between the
Chief Justice of India and
other judges in the matter
Questions in of appointment of judges of
High court and Supreme
the Presidential Court; and the transfer of
Reference/ High Court judges.
Judicial Review of transfer
Issues of judges.
The relevance of seniority
in making appointments to
the Supreme Court.
 The nine-judge bench
headed Justice S. P.
Bharucha unanimously
upheld the major premise of
Second judges’ case.
Judgment
 In this case (Third Judge
Case), then President K.R.
Narayanan, had referred
nine questions to the
Supreme Court for
CONCLUSION consideration, regarding
the laws laid down in two
precedent cases. All of
which is answered through
three aspects of law by
majority.