Solved previous year question from the OPSC OAS/OCS 2021 Preliminary Examination (General Studies), with the official answer key and a detailed explanation.
Question
Consider the following statements in respect of Collegium system in Judiciary:
(i) It is the system of appointments and transfer of Judges.
(ii) This system has come through an Act of Parliament.
(iii) The Supreme Court Collegium is comprising of Chief Justice of India and 8 other senior most Judges.
(iv) As far as Chief Justice of India is concerned the outgoing Chief Justice of India recommends his successor.
Which of the above statement/s is /are correct?
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Answer & Explanation
Correct answer: (A) (i) and (iv)
(i)It is the system of appointments and transfer of Judges-Correct
- Collegium System is the system of appointing Judges of the Supreme Court and appointing and transferring Judges of the High Court.
(ii)This system has come through an Act of Parliament.-Incorrect
- The Collegium System in India evolved through the second Judges case (1993) by the Supreme Court itself, not Parliament.
- First Judges Case (S.P. Gupta, 1981) — Gave primacy to the Executive
- Second Judges Case (1993) — Established the Collegium system, giving primacy to the CJI
- Third Judges Case (1998) — Expanded the Collegium to CJI + 4 senior-most judges
(iii)The Supreme Court Collegium is comprising of Chief Justice of India and 8 other senior most Judges-Incorrect
- In the Third Judges case (1998), the Supreme Court increased the number to five comprising the Chief Justice of India and Four Other Judges.
(iv)As far as Chief Justice of India is concerned the outgoing Chief Justice of India recommends his successor- Correct
- The Chief Justice of India is appointed by the President of India under Article 124 and the convention is that the Outgoing Chief Justice of India always recommends his successor before retirement.
Additional Information:-
- NJAC (National Judicial Appointment Commission) , 99th* Constitutional amendment act was declared null and void by the Supreme Court in 2015. This Judgement is also known as the fourth Judges case (2015).*
- According to Article 124(2), Judges of the Supreme Court are appointed by the President after consultation with the Chief Justice of India.
- According to Article 217, Judges of the High Court will be appointed by the President after consultation with the Chief Justice of India and the Governor of the concerned State.
