All Exams Test series for 1 year @ ₹349 only
Question

Which one of the following judgements is associated with the primacy of the Chief Justice of India and the Collegium of Judges in the appointment and transfer of the higher judiciary?

The correct answer is
S. P. Gupta vs. President of India

Judicial Appointments Primacy: S. P. Gupta Judgement

The question asks to identify the specific Supreme Court judgement associated with the principle of the Chief Justice of India (CJI) and the Collegium of Judges holding primary importance in appointing and transferring judges to the higher judiciary.

Significance of S. P. Gupta vs. President of India

The case S. P. Gupta vs. President of India (1981), often called the First Judges Case, is relevant to the discussion of judicial appointments. In this judgement, the Supreme Court examined the role of the CJI's opinion versus the executive's power. The court stated that the CJI's advice regarding appointments was not binding on the government.

While this case did not establish the strong primacy of the Collegium that evolved later, it critically analyzed the interaction between the executive and the judiciary concerning appointments and transfers, forming a basis for subsequent legal evolution on the matter.

Analysis of Other Options

  • Kesavananda Bharati vs. State of Kerala (1973): This landmark case established the 'Basic Structure doctrine' of the Constitution, which limits the scope of Parliament's amending powers. It did not primarily concern judicial appointments.
  • Maneka Gandhi vs. Union of India (1978): This judgement significantly interpreted Article 21 (Right to Life and Personal Liberty), stating that any law depriving a person of their life or liberty must be fair, just, and reasonable. It focused on fundamental rights, not judicial appointments.
  • S. R. Bommai vs. Union of India (1994): This case dealt with the constitutional validity of the President's Rule imposed under Article 356, focusing on federalism and the limits of executive power over state governments.
Was this answer helpful?

Important Questions from Judiciary-Supreme Court & High Courts

  1. With reference to India, consider the following statements :

    1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.

    2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.

    Which of the statements given above is/are correct ?

  2. Which one of the following statements is not correct?
    (a) The Supreme Court of India is a Court of Record.
    (b) High Courts in India are Courts of Record.
    (c) Subordinate Courts in India are Courts of Record.
    (d) All Courts in India are not Courts of Record.

  3. Consider the following pairs : 

    1. Enlargement of Jurisdiction of the Supreme Court: Article 138A of Constitution of India. 

    2. Conferment on the Supreme Court of powers to issue certain writs : Article 139A of Constitution of India.

     3. Civil and judicial authority to act in aid of the Supreme Court : Article 144A of the Constitution of India. 

    How many of the above pairs are correctly matched?

  4. The locus standi rule to move the court was liberalized by the case of:
  5. Which one of the following powers of the Supreme Court is also conferred on a High Court?
Need Expert Advice?

Start Your Preparation with Prepp Mobile App

Download the app from Google Play & App Store
Download the app from Google Play & App Store
Prepp Mobile App