Question

Supreme Court in SP Gupta V/s. Union of India AIR 1982, SC 149, decided

• A. Free Legal Aid
• B. Bonded labours
• C. Judges Transfer
• D. Illegal detention

Hint:

Remember the series of "Judges Cases": - First Judges Case (S.P. Gupta, 1981): Executive has primacy. - Second Judges Case (SCAORA v. UoI, 1993): CJI has primacy, birth of the Collegium system. - Third Judges Case (Special Reference, 1998): Clarified the Collegium system (CJI + 4 senior-most judges).

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks to identify the main issue decided in the landmark case of S.P. Gupta v. Union of India.

Step 2: Detailed Explanation:
The case of S.P. Gupta v. Union of India, AIR 1982 SC 149, is famously known as the First Judges Case.
The primary issues in this case revolved around the independence of the judiciary. Specifically, it dealt with:
1. The validity of the government's circular regarding the transfer of High Court judges.
2. The procedure for the appointment and transfer of judges.
3. The question of whether the correspondence between the Chief Justice of India, the Chief Justice of the High Court, and the Law Minister regarding judicial appointments could be claimed as a privilege and withheld from the courts.
The Supreme Court, in this case, held that the "consultation" with the Chief Justice of India did not mean "concurrence," giving the executive primacy in judicial appointments. This position was later overruled in the Second and Third Judges Cases.
Thus, the central theme of the case was the appointment and transfer of judges.

Step 3: Final Answer:
The case of S.P. Gupta v. Union of India primarily decided on the issue of Judges' transfers and appointments.