CUET Preparation Today
Why did the appointment of the Chief Justice of India become controversial after Keshavanand Bharati's judgment in 1973? |
The government violated the practice of appointing the senior-most judge of the Supreme Court as the Chief Justice of India. There were charges of corruption against the newly appointed Chief Justice of India. The judges who were superseded had given rulings in favor of the government. It was decided that the basic features of the Constitution were not subject to amendment. |
The government violated the practice of appointing the senior-most judge of the Supreme Court as the Chief Justice of India. |
The correct answer is Option (1) → The government violated the practice of appointing the senior-most judge of the Supreme Court as the Chief Justice of India. After the Keshavananda Bharati case (1973), the Supreme Court ruled that Parliament could amend the Constitution but could not alter its basic structure. This decision was seen as a check on the government’s power. Soon after, when the then Chief Justice S.M. Sikri retired, the government bypassed the convention of appointing the senior-most judge as the next Chief Justice of India. Instead of appointing Justice H.R. Khanna, who was senior and part of the majority in the Basic Structure verdict, the government appointed Justice A.N. Ray, who had sided with the government in the case. This was viewed as a politically motivated move and marked a break from the established judicial seniority convention, leading to controversy. |
