Is the sole individual opinion of the chief justice of India constitutes consultation within the meaning of Articles 217 (1) and 222 (1) of the Indian Constitution?
In re presidential reference, the court held that the sole individual opinion of the chief justice of India does not constitute ‘consultation’ within the meaning of the Articles 217 (1) and 222 (1). The majority held that in regard to the appointment of judges to the supreme court under Article 124 (2), the chief justice of India should consult “a collegium of four senior adverse opinion the chief justice should not send the recommendation to the government”.. The collegium must include the successor Chief Justice of India.