Q. Consider the following statements:
1.The collegium system operates without formal rules.
2.The President can transfer a judge from one High Court to another only after consulting the Chief Justice of India (CJI).
3.The Union government is empowered to reject the collegium’s recommendation for the appointment of judges.
Which of the statements given above are correct?
Answer: A
Notes:
Explanations –
Statements 1 and 2 are correct. The collegium system is not mentioned in the Constitution or governed by any formal rules or laws. It evolved through judicial pronouncements, particularly the “Three Judges Cases,” and functions as a convention-based mechanism for appointing and transferring judges. As per Article 222 of the Constitution, the President can transfer a judge from one High Court to another, but this can only be done after consulting the Chief Justice of India.
Statement 3 is incorrect. The Union government can send back a recommendation made by the collegium for reconsideration. However, if the collegium reiterates its recommendation, the government is bound to accept it.
Source: The Hindu
