Indian Polity • JudiciaryHard
Examine the constitutional mechanism for judicial appointments: How was the collegium system for appointing judges to the Supreme Court and High Courts formally established in the Indian constitutional framework?
A. Through a series of landmark Supreme Court judgments commonly referred to as the First, Second, and Third Judges Cases✓ Correct Answer
B. By an explicit text embedded in the original Constitution enacted by the Constituent Assembly in 1950
C. Through a constitutional amendment ratified by all state legislatures following an executive ordinance
D. By recommendations of the Law Commission of India implemented through executive circulars
💡 Solution & Explanation
The collegium system was not part of the original Constitution text; it evolved through judicial interpretations in the Supreme Court Advocates-on-Record Association case and related judgments, commonly known as the Second and Third Judges Cases. These rulings interpreted consultation with the Chief Justice of India under Articles 124 and 217 to mean concurrence of a collegium of senior judges. The subsequent attempt to replace it via the National Judicial Appointments Commission was struck down.
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