Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:

Assertion (A): The Constitutional Mandate is not being followed in the appointment of the Judges of Supreme Court at present.
Reasoning (R): Collegium system is being followed presently for the appointment of the Judges of Supreme Court.

Options:

Both A and R are correct and R is the correct explanation of A.

Both A and R are correct and R is not the correct explanation of A.

A is correct but R is false.

A is false but R is correct.
Correct Answer:

Both A and R are correct and R is the correct explanation of A.

Explanation:

Despite a clear Constitutional mandate, the appointment of Judges in practice remains a complex process. There has been an extensive debate over the appointment procedure of judges which has seen alterations in actual practice. At present, the appointment at the Supreme Court and the High Court follows a collegium model, which is a judicial creation through case-laws, even though not constitutionally mandated. Under the collegium model for appointment of judges of the Supreme Court, the Chief Justice of India consults four senior most judges of the Supreme Court. The Chief Justice of India sends his recommendations to the Union Minister of Law and Justice, who then puts up the same to the Prime Minister. The Prime Minister will then advise the President.