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With reference to Collegium System, consider the following statements:
Article 124 and 217 gives power to the Collegium system for Supreme Court and High Court respectively.
The Second Judges Case devised the procedure of the Collegium System.
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 'B'. Can you explain this answer?
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With reference to Collegium System, consider the following statements...
Recently, the Supreme Court Collegium led by the Chief Justice of India has recommended two names for appointment as apex court judges.
- Statement 1 is not correct: There is no such law or constitutional provision that mentions or defines the collegium system.
- Statement 2 is correct: In The Supreme Court Advocates-on-Record Association Vs Union of India, 1993, a nine-judge Constitution Bench overruled the decision and devised a specific procedure called ‘Collegium System’ for the appointment and transfer of judges in the higher judiciary
Community Answer
With reference to Collegium System, consider the following statements...
Collegium System and its provisions:
The Collegium system is a method of appointing judges to the Supreme Court and High Courts in India. It was introduced through judicial pronouncements and not by a constitutional amendment. The system is based on the principle of primacy of the judiciary in the appointment process.
Statement 1: Article 124 and 217 gives power to the Collegium system for Supreme Court and High Court respectively.
Article 124 of the Indian Constitution deals with the appointment and composition of the Supreme Court. It empowers the President to appoint judges to the Supreme Court after consultation with the Chief Justice of India (CJI) and other judges of the Supreme Court. However, Article 124 does not specifically mention the Collegium system.
Similarly, Article 217 deals with the appointment and composition of High Courts. It provides that the President shall appoint judges after consultation with the CJI, the Governor of the concerned state, and the Chief Justice of the High Court. Again, Article 217 does not explicitly mention the Collegium system.
Hence, Statement 1 is incorrect.
Statement 2: The Second Judges Case devised the procedure of the Collegium System.
The Collegium system was first introduced by the Supreme Court in the case of "Supreme Court Advocates-on-Record Association v. Union of India" (commonly known as the Second Judges Case) in 1993. In this case, the Supreme Court held that the opinion of the CJI is entitled to primacy in matters of appointment and transfer of judges. It also laid down the guidelines for the functioning of the Collegium system.
The Second Judges Case ruled that the CJI should consult a collegium of four senior-most judges of the Supreme Court for appointments and transfers. The collegium's recommendation is binding on the President, who has no discretion in the matter.
Therefore, Statement 2 is correct.
Conclusion:
In conclusion, the correct answer is option 'B' as only Statement 2 is correct. The Collegium system for appointments and transfers of judges was devised through the Second Judges Case, and it is not specifically mentioned in Article 124 and 217 of the Indian Constitution.
The Collegium system is a method of appointing judges to the Supreme Court and High Courts in India. It was introduced through judicial pronouncements and not by a constitutional amendment. The system is based on the principle of primacy of the judiciary in the appointment process.
Statement 1: Article 124 and 217 gives power to the Collegium system for Supreme Court and High Court respectively.
Article 124 of the Indian Constitution deals with the appointment and composition of the Supreme Court. It empowers the President to appoint judges to the Supreme Court after consultation with the Chief Justice of India (CJI) and other judges of the Supreme Court. However, Article 124 does not specifically mention the Collegium system.
Similarly, Article 217 deals with the appointment and composition of High Courts. It provides that the President shall appoint judges after consultation with the CJI, the Governor of the concerned state, and the Chief Justice of the High Court. Again, Article 217 does not explicitly mention the Collegium system.
Hence, Statement 1 is incorrect.
Statement 2: The Second Judges Case devised the procedure of the Collegium System.
The Collegium system was first introduced by the Supreme Court in the case of "Supreme Court Advocates-on-Record Association v. Union of India" (commonly known as the Second Judges Case) in 1993. In this case, the Supreme Court held that the opinion of the CJI is entitled to primacy in matters of appointment and transfer of judges. It also laid down the guidelines for the functioning of the Collegium system.
The Second Judges Case ruled that the CJI should consult a collegium of four senior-most judges of the Supreme Court for appointments and transfers. The collegium's recommendation is binding on the President, who has no discretion in the matter.
Therefore, Statement 2 is correct.
Conclusion:
In conclusion, the correct answer is option 'B' as only Statement 2 is correct. The Collegium system for appointments and transfers of judges was devised through the Second Judges Case, and it is not specifically mentioned in Article 124 and 217 of the Indian Constitution.
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With reference to Collegium System, consider the following statements: Article 124 and 217 gives power to the Collegium system for Supreme Court and High Court respectively. The Second Judges Case devised the procedure of the Collegium System. 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 'B'. Can you explain this answer?
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With reference to Collegium System, consider the following statements: Article 124 and 217 gives power to the Collegium system for Supreme Court and High Court respectively. The Second Judges Case devised the procedure of the Collegium System. 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 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Collegium System, consider the following statements: Article 124 and 217 gives power to the Collegium system for Supreme Court and High Court respectively. The Second Judges Case devised the procedure of the Collegium System. 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 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Collegium System, consider the following statements: Article 124 and 217 gives power to the Collegium system for Supreme Court and High Court respectively. The Second Judges Case devised the procedure of the Collegium System. 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 'B'. Can you explain this answer?.
With reference to Collegium System, consider the following statements: Article 124 and 217 gives power to the Collegium system for Supreme Court and High Court respectively. The Second Judges Case devised the procedure of the Collegium System. 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 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Collegium System, consider the following statements: Article 124 and 217 gives power to the Collegium system for Supreme Court and High Court respectively. The Second Judges Case devised the procedure of the Collegium System. 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 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Collegium System, consider the following statements: Article 124 and 217 gives power to the Collegium system for Supreme Court and High Court respectively. The Second Judges Case devised the procedure of the Collegium System. 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 'B'. Can you explain this answer?.
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