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The landmark Supreme Court judgment in the case Subhash Sharma v. Unio

June 1, 2025 by rawan239

The landmark Supreme Court judgment in the case Subhash Sharma v. Union of India (1991) refers to which one of the following basic features of the Constitution of India ?

Judicial Review

Rule of Law

Free and fair elections

Fundamental Rights

This question was previously asked in

UPSC CDS-2 – 2023

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The judgment in Subhash Sharma v. Union of India (1991) dealt with the appointment of judges and the interpretation of Article 124(2) of the Constitution concerning the President’s obligation to consult the Chief Justice of India. The court held that the Chief Justice’s opinion was entitled to great weight and the executive could not arbitrarily disregard it. This case, while not fully establishing the collegium system (which came later in the Second Judges Case, 1993), significantly impacted the process of judicial appointments and reinforced the concept of judicial independence, which is intrinsically linked to the basic feature of Judicial Review. Judicial Review is the power of the judiciary to review actions of the legislature and executive to ensure they are in accordance with the Constitution, a power essential for maintaining the separation of powers and the independence of the judiciary.

– The case focused on the interpretation of the ‘consultation’ process for appointing judges.
– It emphasized the need for the executive to give due regard to the Chief Justice’s recommendation.
– The ruling contributed to the evolution of the judicial appointments process, leading towards greater judicial autonomy in this matter.

While the case touches upon the principles underlying the Rule of Law (non-arbitrariness) and indirectly supports the framework protecting Fundamental Rights, its primary impact and subject matter were directly related to the functioning and independence of the judiciary itself, which is best encapsulated by the concept of Judicial Review within the given options, as Judicial Review is the mechanism through which judicial independence and the constitutional scheme are enforced.

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