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Q71 (CAPF/2018) Polity & Governance › Judiciary › Judicial independence Answer Verified

Which one of the following judgements is associated with the primacy of the Chief Justice of India and the Collegium of Judges in the appointment and transfer of the higher judiciary?

Result
Your answer: —  Â·  Correct: B
Explanation

The appointment and transfer of judges in the higher judiciary are governed by the Collegium system, which evolved through the 'Judges Cases'. The S.P. Gupta vs. Union of India (1981) case, known as the First Judges Case, initially established executive primacy by holding that 'consultation' with the Chief Justice of India (CJI) did not mean 'concurrence' [1]. However, this was later overruled in the Second Judges Case (1993), which established the primacy of the CJI and the Collegium, ruling that no appointment could be made unless in conformity with the CJI's opinion [3]. While the Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India) is the definitive association for Collegium primacy, S.P. Gupta is the only option provided that is directly part of this specific judicial evolution regarding judicial appointments. Other options like Kesavananda Bharati (Basic Structure), Maneka Gandhi (Article 21), and S.R. Bommai (Federalism) address unrelated constitutional doctrines [5].

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION CASE (1993) > p. 633
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > COMPOSITION AND APPOINTMENT > p. 354
  3. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 34: High Court > COMPOSITION AND APPOINTMENT > p. 354
  4. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > Table 12.1 Evolution of the Basic Structure of the Constitution > p. 130
  5. [5] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 12: Basic Structure of the Constitution > Table 12.1 Evolution of the Basic Structure of the Constitution > p. 130
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