Question

Which of the following statements is true?

• A. Article 124A of the Constitution of India provides for the establishment of the collegium system for appointment of judges.
• B. The Constitution of India does not provide for the establishment of the collegium system for appointment of judges.
• C. The Judicial Appointments (Collegium System) Act, 1999 provides for the establishment of the collegium system in India.
• D. The National Judicial Appointments Commission supplements the collegium system for appointment of judges in India.

Hint:

The Collegium System is a "Judges-select-Judges" system that was created by the judiciary through judgments, not by the Constitution or an Act of Parliament.

Answer 1

The Correct Option is B

Step 1: Analyze the origin of the Collegium System.
The Collegium system, where a group of senior Supreme Court judges decides on appointments and transfers of judges, is not mentioned anywhere in the original text of the Indian Constitution.

Step 2: Understand how the system evolved.
This system evolved through a series of Supreme Court judgments, collectively known as the Three Judges Cases (1981, 1993, 1998).
The court interpreted the word "consultation" in Article 124 (for SC judges) and Article 217 (for HC judges) to mean "concurrence," effectively giving primacy to the opinion of the Chief Justice of India and the collegium of senior judges.

Step 3: Evaluate the options.

(A) is false.
Article 124A was for the National Judicial Appointments Commission (NJAC), not the collegium.

(C) is false.
There is no such Act; the system is a judicial creation.

(D) is false.
The NJAC was meant to replace, not supplement, the collegium system.
The Supreme Court struck down the NJAC in 2015.

(B) is true.
The Constitution itself does not mention or provide for the collegium system; it is a product of judicial interpretation.