Supreme Court of India

Xxx v. The Union of India & Others

Neutral citation
Reported as [2025] 8 S.C.R. 1941
Bench Dipankar Datta and Augustine George Masih JJ.
Decided 7 August 2025

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the CJI’s discretion as to whether, where and when to act, mindful of the substance in the complaints received, would obviously be a regulated discretion; but, once the ball is set rolling by the CJI, it must end with his recommendation/advice to the President and the Prime Minister depending on what the Committee records as its findings.

Judgment, page 43

From the headnote

Issue for Consideration Issue arose as to whether the writ petition be entertained at all having regard to the conduct of the petitioner-High Court Judge; does the In-house Procedure have legal sanction; is an inquiry and the consequent report in terms of the Procedure (which could be unfavourable to the Judge under probe) a parallel and extra- constitutional mechanism; does paragraph 5(b) of the Procedure foul clauses (4) and (5) of Art.124 r/w. Arts.217 and 218 of the Constitution or abrogate any Fundamental Right of a Judge of a High Court; did the CJI/the Committee constituted by the CJI

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