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 higher judiciary?
Kesavananda Bharati vs. State of Kerala
S. P. Gupta vs. President of India
Maneka Gandhi vs. Union of India
S. R. Bommai vs. Union of India
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CAPF – 2018
– The First Judges Case (S. P. Gupta vs. Union of India, 1982) held that the opinion of the Chief Justice of India in the process of appointing judges is merely consultative and the executive has the final say. This judgement is the starting point of the legal discourse on this issue, even though it did not establish judicial primacy.
– The Second Judges Case (Supreme Court Advocates-on-Record Association vs. Union of India, 1993) overturned the S.P. Gupta verdict and established the Collegium System, giving primacy to the opinion of the Chief Justice of India and a collegium of senior judges in judicial appointments and transfers.
– The Third Judges Case (In re: Special Reference 1 of 1998) further clarified the consultation process within the Collegium.
Given the options, S. P. Gupta vs. President of India is the case associated with the debate on the roles in judicial appointments, even though it initially ruled against the primacy of the judiciary. It is considered the first in the series of judgments leading to the establishment of the Collegium system and judicial primacy.