Judgment

KULDIP SINGH, J.:- The President of India by a warrant dated October 15, 1991 under his hand and seal appointed K. N. Srivastava as a Judge of Gauhati High Court. He has not as yet made and subscribed an oath/ affirmation as required under Art. 219 of the Constitution of India and as such has not entered upon his office. The question for our consideration is whether the appointment of Srivastava as High Court Judge is infraction of Arts. 217(2) and 217(1) of the Constitution of India. Is he qualified for appointment as a Judge - if so has the mandatory process of consultation under the Constitution been followed.

2. Shri Lal Thanhawla, Chief Minister, Mizoram by his letter dated September 29, 1989 addressed to Chief Justice, Gauhati High Court recommended the name of Srivastava for appointment as a Judge of Gauhati High Court. Capt. W. A. Sangma, Governor of Mizoram reiterated the recommendation by his letter dated October 4, 1989. The Chief Justice, Gauhati High Court by his separate letters dated October 25, 1989 addressed to Governor of Mizoram and Chief Minister, Mizoram acknowledged the receipt of the recommendations and stated that he would take necessary action immedi