P.R.RAMACHANDRA MENON, DEVAN RAMACHANDRAN
C J Joveson – Appellant
Versus
Chief Justice of Kerala High Court – Respondent
Devan Ramachandran, J.
1. This appeal, arising from a writ petition filed with non-specific pleadings and seeking baffling reliefs, has confounded us in no small a measure.
2. To record epigrammatically, from among the maze of pleadings and materials on record, the petitioner contends that 'the collegium system', as enlivened by the various judgments of the Supreme Court, is illegal; that the judgments of the Supreme Court in, what is now known as the Second and Third Judges cases, do not lay down the law correctly, thus being unworthy of being followed as precedents; that the 'basic structure' theory, as postulated by the Hon'ble Supreme Court, is a 'myth' and finally that the expansion in the concepts of locus standi and Public Interest Litigation, made by the Hon'ble Supreme Court over the years, is now being put to misuse.
3. Amazed as we are seeing the pleadings on record and the submissions made before us on the above lines, we proceed to indite this judgment within the parameters of law and judicial discipline, as we are enjoined to.
4. The appellants, who are the writ petitioners, say in their pleadings that their proximate cause and constitutive reason for approachin
Keshvanandha Bharathi v. State of Kerala (1973) 4 SCC 225
Samsher Singh v. State of Punjab (1974) 2 SCC 831 rendered by a 7 Judge Bench;
Union of India v. Sankalchand Himatlal Sheth (1977) 4 SCC 193 - rendered by 5 Judge Bench;
Supreme Court Advocates-on-record Association v. Union of India (1993) 4 SCC 441
Special Reference No.1 of 1998, In re
Supreme Court Advocates-on-record Association and another v. Union of India (2016) 5 SCC 1
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