Judiciary – Collegium System – Whether elevation for judgeship in the High Court has to be considered collectively by the Collegium of the High Court or whether the Chief Justice acting individually can reconsider the same? The process of judicial appointments to a superior court is not the prerogative of a single individual. Instead, it …
Constitution of India,1950; Article 234,309 -Can executive instructions in the form of a resolution of the Full Court override statutory rules made under Article 234/309? Executive instructions cannot override statutory Rules where the method of final selection by combining the cumulative grade value obtained in the written and the viva voce examinations is specified categorically. …
Service Law – Principles of ‘Merit-cum-Seniority’ and ‘Seniority-cum-Merit’ summarized- The principle of ‘Seniority-cum-Merit’ postulates that: – i. Minimum requirement of merit and suitability which is necessary for the higher post can be prescribed for the purpose of promotion. ii. Comparative Assessment amongst the candidates is not required. iii. Seniority of a candidate is not a …
Judicial Service – Bihar Superior Judicial Service Rules, 1951 – Gujarat State Judicial Service Rules, 2005; Rule 8(3) – Rules stipulating minimum qualifying marks in the viva voce test as a part of the selection criteria for appointment to the District Judiciary – The Prescription of minimum qualifying marks for interview is permissible and this …
High Court Judges (Salaries and Conditions of Service) Act 1954; Section 14 – A member of the Bar is entitled to the addition of ten years of service by virtue of the provisions of Section 14A. On the addition of the years of service, their pensionary benefits would be computed on the basis of the …