Case Summary: Mrs. Sarojini Ramaswami vs Union of India & Others (1992)
(1992) 08 SC CK 0031
In The Supreme Court of India
Case No : Writ Petition (Civil) No. 514 of 1992
Mrs. Sarojini Ramaswami (Appellant) Vs Union of India and others (Respondent)
Date of Decision : 27-08-1992
Hon'ble Judges : S. C. Agrawal, J; N. M. Kasliwal, J; K. Ramaswamy, J; K. Jayachandra Reddy, J; J. S. Verma, J
Bench : Full Bench
Advocate : Kapil Sibal, Ranjit Kumar, for the Appellant; G. Ramaswami, Attorney General, D.N. Dwivedi, Addl. Solicitor General (N.P.), F.S. Nariman, A. Subhashini, P.H. Parekh, for the Respondent
Final Decision : Allowed
Name of the Court: Supreme Court of India
All Citations
AIR 1992 SC 2219; (1992) 5 JT 1; (1992) 2 SCALE 257; (1992) 4 SCC 506; (1992) 1 SCR 108 Supp
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Facts of the Case
The petitioner, Mrs. Sarojini Ramaswami, wife of Justice V. Ramaswami, challenged the procedure followed by the Inquiry Committee constituted under Section 3(2) of the Judges (Inquiry) Act, 1968. The main grievance was that a copy of the Inquiry Committee's report should be given to the concerned Judge before submission to the Speaker of the Lok Sabha, to preserve the Judge’s right to seek judicial review of any adverse findings.
Law Points Raised
1. Whether the concerned Judge has a right to receive a copy of the Inquiry Committee's report before it is submitted to the Speaker.
2. Whether judicial review is available against the Committee’s findings prior to its submission to Parliament.
3. Scope of Articles 124(4) & 124(5) of the Constitution in relation to Judges (Inquiry) Act, 1968.
4. Applicability of the principles of natural justice in judicial removal proceedings.
Acts / Provisions / Articles Referred
Constitution of India, 1950 — Articles 14, 21, 32, 118, 119, 121, 122(1), 124, 124(4), 124(5), 136, 141, 218, 226, 365(1)
Judges (Inquiry) Act, 1968 — Sections 3(1), 3(2), 4(2), 4(3), 6(1), 6(2), 6(3), 7(4)
Criminal Procedure Code, 1973 — Section 197
Judgements Referred
Sub-Committee on Judicial Accountability v. Union of India, (1991) 4 SCC 699
Obiter Dicta
The Court observed that judicial review is a basic feature of the Constitution and extends to statutory bodies performing functions outside Parliament, even in sensitive cases involving judicial removal proceedings.
Ratio Decidendi
The concerned Judge has the right to receive a copy of the Inquiry Committee's report before it is submitted to the Speaker, to enable the exercise of the right to judicial review in case of adverse findings.
Final Ruling
The writ petition was allowed. The Inquiry Committee was directed to provide Justice V. Ramaswami a copy of its report before forwarding it to the Speaker, ensuring sufficient time to seek judicial review if necessary.
Relevant Paragraph Numbers
Paras: 1, 2, 5, 9, 10, 11, 12, 15, 20, 28
Summary
This judgment safeguards the constitutional right to judicial review in judicial removal proceedings, ensuring that a concerned Judge receives a copy of the Inquiry Committee's report before it is submitted to Parliament. It reinforces principles of natural justice and transparency in the process.
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