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July 30, 1998

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SC sets ball rolling on presidential reference

The Supreme Court today set the ball rolling on the presidential reference made on Monday to the court on the 'consultative process' for the appointment of judges to the apex court, the high courts and the transfer of high court judges, when it issued notices to the necessary parties.

The reference, made under Article 143(1), came up for direction before a nine-judge bench headed by Justice A S Anand.

The court issued notices to the Union of India, advocate generals of all the states and the Union territories. Notices were also issued to the registrars of all the high courts and the Supreme Court Advocates On Record Association since the latter was the petitioner in the nine-judge bench decision of 1993. The verdict had laid down the process of consultation to be followed in the appointments to the higher judiciary as also granting primacy to the chief justice of India on the matter.

The notices issued by the apex court were made returnable within six weeks. The court directed the reference to be put up for further direction on September 15.

The court said that K Venugopal for the Bar Association of India, R K Jain for the Supreme Court Bar Association and some advocates appearing for some other bar associations wished to intervene in the matter.

''They may file intervention applications for consideration by the court on the next date.''

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