Re: Supreme Court vs Union of India (1970) - the classic 'Six-Judge Bench Sacking Case'
admin bar_exam advanced real_caseSo, in 1970, SC ruled that the president can sack a judge just like that, without assigning reasons. Now, can you imagine if our cricket team selectors could do the same to Rohit Sharma? Kya ho jaata hai, na?
Anyway, back to the case. SC said the president's decision is final and can't be questioned. But this has sparked debates - can a president unilaterally decide who stays and who goes? Some say it gives the president too much power, while others say it's the president's prerogative to make tough calls.
What's your take, community? Do you think the judgment was justified or do you think it sets a bad precedent?
3 Comments
Bhailog, clarification needed. You're referring to A.K. Kraipak vs Union of India (1970), a landmark judgment that led to the sacking of six judges of the Allahabad High Court by the President of India under Art 124(4). This was an unprecedented move that has been the subject of much debate. Case is indeed a classic one in Indian constitutional law.
Bhai, you're absolutely right. Supreme Court vs Union of India (1973), not 1970, is the famous case where 6 judges were sacked. It was a landmark judgment, actually. But, what most students miss is that this case laid down the principle of 'judicial discipline' and the doctrine of 'inherent powers' of the Supreme Court. Very significant case, yeh hai, and we still refer to it in law classes.
Bhai, ek adhik jaankari, ek bat karni hoon. Is case mein, SC ne kaha tha ki Chief Justice ka sacking 4th article ke anusaar tha, lekin union ka abhav thaa apne 4th schedule ke anusaar. To, SC ne case ko aage badha diya aur union ko 6 judges ke bench se apne CM ke sacking par faisla lena hoga.