Q. Consider the following statements:
1. The collegium system involves senior judges making decisions about judicial appointments without government interference.
2. The National Judicial Appointments Commission (NJAC) Act aimed to include representatives from the judiciary, executive, and civil society.
3. Kesavananda Bharati Case led to the establishment of the collegium system in India.
Which of the statement(s) given above is/are correct?
Explanation –
Statements 1 and 2 are correct. The collegium system in India is a mechanism where senior judges, including the Chief Justice of India and the four senior-most judges of the Supreme Court, make decisions about judicial appointments and transfers without interference from the executive branch of the government. The NJAC was proposed to include representatives from the judiciary (the Chief Justice of India and two senior judges), the executive (the Union Law Minister), and two eminent persons from civil society, aiming to make the judicial appointment process more transparent and participatory.
Statement 3 is incorrect. The Kesavananda Bharati case is known for establishing the “basic structure” doctrine of the Indian Constitution, which ensures that certain fundamental features of the Constitution cannot be altered by amendments. The collegium system was established through a series of Supreme Court judgments known as the Three Judges Cases. Source: The Hindu
