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Collegium System Of Supreme Court
The recent controversy over the transfer of the Chief Justice of the Madras High Court, Justice VijayaKamleshTahilramani, to the Meghalaya High Court has once again brought to the fore a long-standing debate on the functioning of the ‘Collegium’ of judges that makes appointments and transfers in the higher judiciary. Consider the following statements about the Collegium System of Supreme Court:
- The Collegium of judges is purely the Supreme Court’s invention and not figure in the Constitution.
- The First Judges Case (1981) led to the introduction of the Collegium system.
- The Second Judges Case(1993)expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
Choose the correct answers from the codes given below:
A |
Only 1
|
|
B |
Only 2
|
|
C |
Only 3
|
|
D |
1, 2 and 3
|
Your Ans is
Right ans is A
Your Answer Is Correct
Your Answer Is Wrong
Explanation :
- Collegium is a system under which judges are appointed by an institution comprising judges. The Collegium of judges is the Supreme Court’s invention. It does not find its mention in the Constitution.
- The First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective. However, it rejected the idea that the CJI’s opinion should have primacy.
- The Second Judges Case (1993)introduced the Collegium system, holding that “consultation” really meant “concurrence”. It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges of the Supreme Court.
- The Third Judges Case (1998)expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
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