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Consider the following statements regarding the appointment of judges to the Supreme Court:
- The judges of the Supreme Court are appointed by a group of judges called the collegium.
- A distinguished jurist is eligible to become a judge of the Supreme Court with the final approval of the President.
Which of the above statements is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements regarding the appointment of judges ...
The correct answer is option 'B' - 2 only.
Explanation:
The statements given in the question are related to the appointment of judges to the Supreme Court. Let's analyze each statement separately:
Statement 1: The judges of the Supreme Court are appointed by a group of judges called the collegium.
This statement is incorrect. The collegium system is not a group of judges but a system of appointment of judges to the higher judiciary in India. It was established by a series of judgments of the Supreme Court, starting from the Three Judges Cases (1982, 1993, and 1998). According to this system, the collegium consists of the Chief Justice of India and a group of senior judges of the Supreme Court. They recommend the names of judges for appointment to the President of India. The President is bound by the collegium's recommendations and has to appoint the recommended judges. Therefore, the judges of the Supreme Court are not appointed by a group of judges called the collegium.
Statement 2: A distinguished jurist is eligible to become a judge of the Supreme Court with the final approval of the President.
This statement is correct. As per Article 124 of the Indian Constitution, a person to be appointed as a judge of the Supreme Court should be a citizen of India and should have been a judge of a High Court for at least five years or should have been an advocate of a High Court for at least ten years or should be a distinguished jurist in the opinion of the President. Therefore, a distinguished jurist is eligible to become a judge of the Supreme Court, subject to the final approval of the President.
Conclusion:
Based on the analysis, only statement 2 is correct. Therefore, the correct answer is option 'B' - 2 only.
Explanation:
The statements given in the question are related to the appointment of judges to the Supreme Court. Let's analyze each statement separately:
Statement 1: The judges of the Supreme Court are appointed by a group of judges called the collegium.
This statement is incorrect. The collegium system is not a group of judges but a system of appointment of judges to the higher judiciary in India. It was established by a series of judgments of the Supreme Court, starting from the Three Judges Cases (1982, 1993, and 1998). According to this system, the collegium consists of the Chief Justice of India and a group of senior judges of the Supreme Court. They recommend the names of judges for appointment to the President of India. The President is bound by the collegium's recommendations and has to appoint the recommended judges. Therefore, the judges of the Supreme Court are not appointed by a group of judges called the collegium.
Statement 2: A distinguished jurist is eligible to become a judge of the Supreme Court with the final approval of the President.
This statement is correct. As per Article 124 of the Indian Constitution, a person to be appointed as a judge of the Supreme Court should be a citizen of India and should have been a judge of a High Court for at least five years or should have been an advocate of a High Court for at least ten years or should be a distinguished jurist in the opinion of the President. Therefore, a distinguished jurist is eligible to become a judge of the Supreme Court, subject to the final approval of the President.
Conclusion:
Based on the analysis, only statement 2 is correct. Therefore, the correct answer is option 'B' - 2 only.
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Community Answer
Consider the following statements regarding the appointment of judges ...
- According to Article 124(2) every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years: Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted. Hence statement 1 is not correct.
- The opinion of the Chief Justice of India for the appointment of a judge of the Supreme Court should be formed in consultation with a collegium of the four seniormost puisne Judges of the Supreme Court.
- The collegium sends its final recommendation to the President of India for approval. The President can either accept it or reject it. In the case it is rejected, the recommendation comes back to the collegium. If the collegium reiterates its recommendation to the President, then he/she is bound by that recommendation.
- Eligibility to become a Supreme Court judge:
- To become a judge of the Supreme court, an individual should be an Indian citizen. o In terms of age, a person should not exceed 65 years of age.
- The person should serve as a judge of one high court or more (continuously), for at least five years or the person should be an advocate in the High court for at least 10 years or a distinguished jurist. Hence statement 2 is correct.
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Consider the following statements regarding the appointment of judges to the Supreme Court: The judges of the Supreme Court are appointed by a group of judges called the collegium. A distinguished jurist is eligible to become a judge of the Supreme Court with the final approval of the President.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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