I now come to the proviso in clause (2) of article 103. It has been said: ‘Provided that in the case of a judge other than the Chief Justice, the Chief Justice of India shall always be consulted.’ I do not know of any reason or justification for the retention of this proviso. The Chief Justice is a very responsible person and there is no reason why he should not be consulted in the case of the appointment of the Chief Justice who is to be his successor. I think in the matter of the selection of a person to succeed the Chief Justice it will be doing in injustice to the place and position of the Chief Justice himself not to be consulted.
