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Consider the following statements:
1. The President appoints the Chief Justice of India (CJI) under Article 124 of the Constitution.
2. The Supreme Court collegium recommends the appointment of the Chief Justice.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
Consider the following statements:1. The President appoints the Chief ...
- The President appoints the Chief Justice of India and the Judges of the Supreme Court (SC) under clause (2) of Article 124 of the Constitution.
- As far as the CJI is concerned, the outgoing CJI recommends his successor.
- The Union Law Minister forwards the recommendation to the Prime Minister who, in turn, advises the President.
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- In the Second Judges Case (1993), SC ruled that the senior-most judge of the Supreme Court should alone be appointed to the office of the CJI.
- The Supreme Court collegium is headed by the Chief Justice of India and comprises four other senior-most judges of the court.
- The collegium system is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court (Judges Cases), and not by an Act of Parliament or by a provision of the Constitution.
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Most Upvoted Answer
Consider the following statements:1. The President appoints the Chief ...
Explanation:
Statement 1: The President appoints the Chief Justice of India (CJI) under Article 124 of the Constitution.
- This statement is incorrect. The appointment of the Chief Justice of India is not made by the President but by the President on the recommendation of the outgoing CJI and in consultation with the four senior-most judges of the Supreme Court as per the Memorandum of Procedure.
- Article 124 of the Constitution deals with the appointment of judges in the Supreme Court. The CJI is appointed by the President based on the recommendation of the collegium system rather than a direct appointment by the President.
Statement 2: The Supreme Court collegium recommends the appointment of the Chief Justice.
- This statement is correct. The collegium system, which consists of the CJI and four senior-most judges of the Supreme Court, recommends the appointment of judges to the Supreme Court, including the appointment of the Chief Justice of India.
- The collegium system was established through judicial interpretation and is not mentioned in the Constitution. It has been criticized for lacking transparency and accountability, but it remains the prevailing method of judicial appointments in India.
Therefore, the correct answer is option 'A' - 1 only, as the President does not directly appoint the Chief Justice of India under Article 124 of the Constitution, but rather does so based on the recommendation of the Supreme Court collegium.
Statement 1: The President appoints the Chief Justice of India (CJI) under Article 124 of the Constitution.
- This statement is incorrect. The appointment of the Chief Justice of India is not made by the President but by the President on the recommendation of the outgoing CJI and in consultation with the four senior-most judges of the Supreme Court as per the Memorandum of Procedure.
- Article 124 of the Constitution deals with the appointment of judges in the Supreme Court. The CJI is appointed by the President based on the recommendation of the collegium system rather than a direct appointment by the President.
Statement 2: The Supreme Court collegium recommends the appointment of the Chief Justice.
- This statement is correct. The collegium system, which consists of the CJI and four senior-most judges of the Supreme Court, recommends the appointment of judges to the Supreme Court, including the appointment of the Chief Justice of India.
- The collegium system was established through judicial interpretation and is not mentioned in the Constitution. It has been criticized for lacking transparency and accountability, but it remains the prevailing method of judicial appointments in India.
Therefore, the correct answer is option 'A' - 1 only, as the President does not directly appoint the Chief Justice of India under Article 124 of the Constitution, but rather does so based on the recommendation of the Supreme Court collegium.
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Consider the following statements:1. The President appoints the Chief Justice of India (CJI) under Article 124 of the Constitution.2. The Supreme Court collegium recommends the appointment of the Chief Justice.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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