UPSC Mains 2025 GS2 Q13 — Collegium System
Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA. (Answer in 250 words)
Question Decoded — examiner's intent
- Directive verbs
- DiscussCritically examine
- Scope keywords
- evolution of collegium systemappointment of the JudgesSupreme Court of Indiathat of the USA
- Implicit sub-parts
- Tracing the timeline from First Judges Case (1981) to the Second and Third Judges Cases including the 99th Amendment/NJAC strike-down.
- Comparative analysis of the Indian 'Judges appointing Judges' model versus the US 'Executive appointment with Legislative oversight' model.
- Evaluation of transparency, accountability, and judicial independence in both systems.
- Synthesis of reforms suggested for the Indian context based on the comparative critique.
- Common pitfalls
- Spending too many words on the history of the Three Judges cases and ignoring the specific comparison with the USA.
- Failing to mention the role of the US Senate Judiciary Committee or the 'Advice and Consent' clause, making the US side of the answer too vague.
- Ignoring the 'Critically' part by only listing advantages of the Collegium without mentioning its lack of constitutional basis or opacity.
- Overlooking the distinction that the US system is political/partisan while the Indian system is technocratic/insular.
- Dimensions required
- Historical/EvolutionaryComparative ConstitutionalismInstitutional IndependenceDemocratic AccountabilityFederal/Legislative Oversight
- Marks allocation hint
Allocate approximately 75 words to the chronological evolution of the Indian Collegium. Dedicate the remaining 175 words to a structured comparison between India and the USA, split evenly between advantages (independence, expertise) and disadvantages (nepotism, politicization), ensuring the comparative table or prose directly addresses both jurisdictions.
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