Consider the following statements. The Memorandum of Procedure (MoP) governs the appointment of members of the higher judiciary in India. The Memorandum of Procedure (MoP) says that the Union Minister of Law and Justice would seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India. Article 124 of the Constitution contains the provisions related to Memorandum of Procedure (MoP).Which of the above statement sis/are correct?a)1, 2b)1, 3c)2, 3d)1, 2, 3Correct answer is option 'A'. Can you explain this answer?

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Consider the following statements.

The Memorandum of Procedure (MoP) governs the appointment of members of the higher judiciary in India.
The Memorandum of Procedure (MoP) says that the Union Minister of Law and Justice would seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India.
Article 124 of the Constitution contains the provisions related to Memorandum of Procedure (MoP).

Which of the above statement sis/are correct?

a)
1, 2
b)
1, 3
c)
2, 3
d)
1, 2, 3

Correct answer is option 'A'. Can you explain this answer?

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Test: October 2022 Weekly Current Affair - 2

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Consider the following statements. The Memorandum of Procedure (MoP) g...

The Memorandum of Procedure (MoP) that governs the appointment of members of the higher judiciary says that the “Union Minister of Law, Justice…would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India”.
As per the process laid down in the MoP, “after receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice…will put up the recommendation to the Prime Minister who will advise the President in the matter of appointment”.
Article 124(1) of the Constitution says that “there shall be a Supreme Court of India consisting of a Chief Justice of India…and…other Judges”; Article 124(2) lays down that “every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal…”.
The MoP says that the “appointment to the office of the Chief Justice of India should be of the seniormost Judge of the Supreme Court considered fit to hold the office”.
Even before the MoP was agreed upon, the seniormost judge of the Supreme Court after the CJI (in terms of the years served) was by convention elevated to the top post. This convention was famously discarded by former Prime Minister Indira Gandhi, whose government recommended the appointment of Justice A N Ray as CJI in 1973 superseding three more senior judges, Justices J M Shelat, K S Hegde, and A N Grover.
The MoP is the playbook agreed upon by the government and the judiciary on the appointment of judges. It is a crucial document — because the Collegium system of appointing judges is a judicial innovation that is not mandated through legislation or text of the Constitution.
The MoP has evolved as the standard based on three decisions of the Supreme Court, known as the First Judges Case (1981), Second Judges Case (1993) and the Third Judges Case (1998). These three judgments form the basis of a peer selection process for the appointment of judges.

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Consider the following statements. The Memorandum of Procedure (MoP) g...

Explanation:

Statement 1:
- The first statement is correct. The Memorandum of Procedure (MoP) governs the appointment of members of the higher judiciary in India.

Statement 2:
- The second statement is correct. The Memorandum of Procedure (MoP) does indeed state that the Union Minister of Law and Justice would seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India.

Statement 3:
- The third statement is incorrect. Article 124 of the Constitution of India deals with the establishment and constitution of the Supreme Court of India, but it does not contain provisions related to the Memorandum of Procedure (MoP).
Therefore, the correct statements are 1 and 2.

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Consider the following statements. The Memorandum of Procedure (MoP) governs the appointment of members of the higher judiciary in India. The Memorandum of Procedure (MoP) says that the Union Minister of Law and Justice would seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India. Article 124 of the Constitution contains the provisions related to Memorandum of Procedure (MoP).Which of the above statement sis/are correct?a)1, 2b)1, 3c)2, 3d)1, 2, 3Correct answer is option 'A'. Can you explain this answer?

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