NCERT Class 11 Political Science — Chapter 7: Judiciary

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.