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S.P. Gupta v. Union of India
Constitutional Law I
Study material
Published material from The Law Easy that cites Article 124.
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Constitutional Law I
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Constitutional Law II
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Issue: Can the government choose judges even when the Chief Justice disagrees?
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About this topic ▶ Watch this part of the lecture (0:00) These notes cover the 57 most important cases of Indian Constitutional Law . They are the cases that keep coming up in LL.B. examinations, in judiciary examinations and in every serious discussion of constitutional law. Every case is studied…
411 min read
Definition: Constitutionalism is a system that gives legitimacy to a democratic government.
69 min read
Supreme Court of India · 1981
In S. P. Gupta v. Union of India (1981), a seven-judge bench of the Supreme Court held that 'consultation' with the judiciary in appointing judges does not mean 'concurrence'. Consultation is mandatory and must be full and effective, but the final decision rests with the President acting on the advice of the Council of Ministers. The case also widened locus standi, laying a foundation for public interest litigation, and linked the right to know to Article 19(1)(a). It was later overruled by the Second Judges Case of 1993.
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