With reference to the "principle of collegiality" in judicial appointments, consider the following statements: 1. It was established by an amendment to the Constitution passed by the Parliament. 2. It requires the Chief Justice to recommend names in consultation with four senior-most judges of the Court. 3. It ensures that the decision of the group of senior judges carries greater weight than that of the executive. Which of the statements given above is/are correct?

The correct option is 2 and 3 only. Explanation The "principle of collegiality" in the context of the Indian judiciary refers to the Collegium System used for the appointment and transfer of judges in the Supreme Court and High Courts. This system evolved through judicial pronouncements rather than legislative enactment, aiming to secure the independence of the judiciary from executive interference. Statement-wise Analysis: - Statement 1 is Incorrect. The Collegium System was not established by a Constitutional Amendment or an Act of Parliament. It evolved through the interpretation of Constitutional provisions (Articles 124 and 217) by the Supreme Court in the Three Judges Cases (specifically the Second Judges Case, 1993, and the Third Judges Case, 1998). The 99th Constitutional Amendment, which sought to replace this system with the National Judicial Appointments Commission (NJAC), was declared unconstitutional by the Supreme Court in 2015. - Statement 2 is Correct. In the Third Judges Case (1998), the Supreme Court expanded the scope of the Collegium. It mandated that the Chief Justice of India (CJI) must consult with a plurality of judges, specifically the four senior-most judges of the Supreme Court, before making recommendations for appointments to the Supreme Court. - Statement 3 is Correct. The core objective of the Collegium System, established via the Second Judges Case (1993), was to ensure that the opinion of the judiciary (represented by the CJI and the Collegium) enjoys primacy over the executive in matters of judicial appointments. This ensures that the collective decision of the senior judges carries greater weight, effectively limiting the executive's role to a check on the antecedents of the candidates rather than the selection itself. Key Takeaway: The Collegium System is a judicial innovation resulting from the Second and Third Judges Cases, not the Constitution's original text or amendments. It establishes the primacy of the judiciary in appointments, requiring the CJI to consult the four senior-most judges.

With reference to the "principle… - NCERT Class 11 Political Science MCQ

NCERT Class 11 Political Science — Chapter 7: Judiciary

mcqhard

With reference to the "principle of collegiality" in judicial appointments, consider the following statements:

It was established by an amendment to the Constitution passed by the Parliament.
It requires the Chief Justice to recommend names in consultation with four senior-most judges of the Court.
It ensures that the decision of the group of senior judges carries greater weight than that of the executive.

Which of the statements given above is/are correct?

NCERT textbook question

From NCERT Political Science: Indian Constitution at Work · Page 128

Options

A1 and 2 only
B2 and 3 only
C2 only
D1, 2 and 3

Did you get this right?

Solution

The correct option is 2 and 3 only.

Explanation

The "principle of collegiality" in the context of the Indian judiciary refers to the Collegium System used for the appointment and transfer of judges in the Supreme Court and High Courts. This system evolved through judicial pronouncements rather than legislative enactment, aiming to secure the independence of the judiciary from executive interference.

Statement-wise Analysis:

Statement 1 is Incorrect. The Collegium System was not established by a Constitutional Amendment or an Act of Parliament. It evolved through the interpretation of Constitutional provisions (Articles 124 and 217) by the Supreme Court in the Three Judges Cases (specifically the Second Judges Case, 1993, and the Third Judges Case, 1998). The 99th Constitutional Amendment, which sought to replace this system with the National Judicial Appointments Commission (NJAC), was declared unconstitutional by the Supreme Court in 2015.
Statement 2 is Correct. In the Third Judges Case (1998), the Supreme Court expanded the scope of the Collegium. It mandated that the Chief Justice of India (CJI) must consult with a plurality of judges, specifically the four senior-most judges of the Supreme Court, before making recommendations for appointments to the Supreme Court.
Statement 3 is Correct. The core objective of the Collegium System, established via the Second Judges Case (1993), was to ensure that the opinion of the judiciary (represented by the CJI and the Collegium) enjoys primacy over the executive in matters of judicial appointments. This ensures that the collective decision of the senior judges carries greater weight, effectively limiting the executive's role to a check on the antecedents of the candidates rather than the selection itself.

Key Takeaway:
The Collegium System is a judicial innovation resulting from the Second and Third Judges Cases, not the Constitution's original text or amendments. It establishes the primacy of the judiciary in appointments, requiring the CJI to consult the four senior-most judges.

Your note

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Which of the following imposes the primary legal limitation on the powers and functioning of the Supreme Court of India?

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Which statement reflects the difficulty of the process for removing a judge?

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Consider the following statements regarding the Writ Jurisdiction of the courts in India: 1. Only the Supreme Court has the power to issue writs for the enforcement of Fundamental Rights. 2. An individual whose rights are violated must first approach the High Court before moving to the Supreme Court. 3. Writs allow the Court to give orders to the executive to act or not to act in a particular way. Which of the statements given above is/are correct?

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