Opinion

S.P. Bharucha, J.—Article 143 of the Constitution of India confers upon the President of India the power to refer to this Court for its opinion questions of law or fact which have arisen or are likely to arise and which are of such a nature and of such public importance that is expedient to obtain such opinion. In exercise of this power, the President of India has on 23rd July, 1998 made the present refer­ence, which is quoted in extenso :

“Whereas the Supreme Court of India has laid down principles and prescribed procedural norms in regard to the appointment of Judges of the Supreme Court (article 124(2) of the Constitution of India), Chief Justices and Judges of the High Court (article 217(1)), and transfer of Judges from one High Court to another (article 222(1)), in the case of Supreme Court Advocates-on-Record Association & Anr. v. Union of India1 ;

AND WHEREAS doubts have arisen about the interpretation of the law laid down by the Supreme Court and it is in public interest that the said doubts relating to the appointment and transfer of Judges be resolved;

AND WHEREAS, in view of what is hereinbefore stated, it appears to me that the following questions of law have arise