Executive & The Judiciary :
With reference to the Anticipatory Bail, consider the following statements:
- The provision of anticipatory bail under Section 438 was introduced when CrPC was amended in 1973.
- The High Court and a Court of Session, have concurrent jurisdiction to grant anticipatory bail.
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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.
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