Q. Consider the following statements:
1.The government can request reconsideration and is not bound to accept a Collegium recommendation, even if reiterated.
2.The Chief Justice of a High Court cannot make decisions on judicial appointments alone.
Which of the statement(s) given above is/are correct?
Red Book
Red Book

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: B
Notes:

Explanation –

Statement 1 is incorrect. When the Collegium reiterates its recommendation, the government is generally bound to accept it. The Supreme Court has stated that if the Collegium reiterates a recommendation, it should be binding on the Union government, and the appointment should be processed and completed within a specified timeframe.

Statement 2 is correct. The process of judicial appointments is not the prerogative of a single individual, including the Chief Justice of a High Court. It must involve collective consultation and deliberation by the High Court Collegium, which includes the Chief Justice and the two senior-most judges of the High Court.

Source: The Hindu

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