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With reference to the Appointment of Judges, consider the following statements:
1. For appointment of any Judge of SC (other than CJI), the CJI must be consulted.
2. The keshavantha bharathi case has formalised the collegium system for the purpose of consultation.
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?
Verified Answer
With reference to the Appointment of Judges, consider the following st...
The Supreme Court asked the government to clarify on the status of 55 recommendations made by the Collegium for judicial appointments to High Courts six months to nearly a year-and-a-half ago.
  • Of the pending recommendations, 44 were made to fill vacancies in the Calcutta, Madhya Pradesh, Gauhati, Rajasthan and Punjab High Courts. These recommendations have been pending with the government for over seven months to a year.
  • The total sanctioned strength in the 25 High Courts is 1,080. However, the present working strength is 661 with 419 vacancies as on March 1.
  • The Supreme Court has been repeatedly conveying to the government its growing alarm at the judicial vacancies in High Courts.
Appointment of Judges
  • Article 124(2) says that the President of India Shall appoint the judges after consultation with such number of Judges of the SC/HC as he deems necessary. For appointment of any Judge of SC (other than CJI), the CJI must be consulted.
  • The three Judges case of 1981, 1993 & 1998 has formalised the collegium system for the purpose of consultation.
    • The collegium for appointing SC judge consists of the CJI and 4 senior-most judges of SC.
    • Memorandum of Procedure (MoP) was set up after the Third Judge Case of 1998 to provide the process of how the Collegium would recommend names to the Executive.
  • The President of India can either accept the recommendation or send it back for reconsideration. The reconsidered advice must be accepted by the President.
Hence only statement 1 is correct.
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With reference to the Appointment of Judges, consider the following statements:1. For appointment of any Judge of SC (other than CJI), the CJI must be consulted.2. The keshavantha bharathi case has formalised the collegium system for the purpose of consultation.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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