A CRITIQUE OF SUPREME COURT ADVOCATES-ON-RECORD

ASSOCIATION Vs. UNION OF INDIA

A Rough Draft submitted in partial fulfilment of the course

CONSTITUTIONAL LAW- II, 6th SEMESTER during the Academic Year
2018-2019
SUBMITTED BY:
Mayank Raj
Roll No. - 1629
B.B.A LL.B
SUBMITTED TO:
Prof. (Dr.) Anirudh Prasad
FACULTY OF CONSTITUTIONAL LAW

February, 2018
CHANAKYA NATIONAL LAW UNIVERSITY,
NAYAYA NAGAR, MITHAPUR,
PATNA-800001
 INTRODUCTION

The case is based on the independence of the judiciary as the part of basic structure of the
Constitution. This case is famously known as ‘Second Judges Case”. To secure the ‘Rule of
Law’ which is essential for the preservation of the democratic system and the separation of
powers which is adopted in the constitution with the directive principles of ‘Separation of
judiciary from the executive’, the case was decided on 6th October 1993.

After its judgement, the collegium system was adopted in the appointment of judges of
Supreme Court and High Courts. Nine Judges examined two questions:

1. The position of the Chief Justice of India.

2. The justiciability of fixation of judge strength.

AIMS AND OBJECTIVES

The Aims and Objectives of this project is to bring out a clear and precise concept of judicial
appointments and the principles of separation of judiciary from executive.

TENTATIVE CHAPTERIZATION

1. Introduction.

2. Facts and Issues.

3. Judgement.

4. Critical Analysis.

5. Aftermath of Second Judges’ case.

6. Conclusion.
 RESEARCH METHODOLOGY

For this study, primary research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the data and figures in appropriate
form, essential for this study.
The method used in writing this research is primarily analytical.

BIBLIOGRAPHY

1. 13 th Edition, 2017, Shukla, V.N., Constitution of India, EBC

2. 22 nd Edition, 2015, Basu, D.D., Introduction to Constitution of India
3. 8 th Edition, 2018, Jain, M.P., Indian Constitutional Law, lexis nexis