Correct
Solution (b)
Judges of the Supreme Court and High Courts are appointed by the President under Articles 124(2) and 217 of the Constitution. The President is required to hold consultations with such of the judges of the Supreme Court and of the High Courts as he may deem necessary.
Collegium System: It is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court, and not by an Act of Parliament or by a provision of the Constitution.
The Supreme Court collegium is headed by the Chief Justice of India and comprises four other seniormost judges of the court.
A High Court collegium is led by its Chief Justice and four other seniormost judges of that court.
In the third Judges case, 1998 the Supreme Court laid down guidelines for the functioning of the coram for appointments and transfers – this has come to be the present form of the collegium, and has been prevalent ever since.
This opinion laid down that the recommendation should be made by the CJI and his four seniormost colleagues, instead of two. It also held that Supreme Court judges who hailed from the High Court for which the proposed name came, should also be consulted.
It was also held that even if two judges gave an adverse opinion, the CJI should not send the recommendation to the government.
Critics argue that the system is non-transparent, since it does not involve any official mechanism or secretariat. It is seen as a closed-door affair with no prescribed norms regarding eligibility criteria or even the selection procedure. There is no public knowledge of how and when a collegium meets, and how it takes its decisions.
Article Link: Collegium recommends nine judges for Supreme Court
Incorrect
Solution (b)
Judges of the Supreme Court and High Courts are appointed by the President under Articles 124(2) and 217 of the Constitution. The President is required to hold consultations with such of the judges of the Supreme Court and of the High Courts as he may deem necessary.
Collegium System: It is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court, and not by an Act of Parliament or by a provision of the Constitution.
The Supreme Court collegium is headed by the Chief Justice of India and comprises four other seniormost judges of the court.
A High Court collegium is led by its Chief Justice and four other seniormost judges of that court.
In the third Judges case, 1998 the Supreme Court laid down guidelines for the functioning of the coram for appointments and transfers – this has come to be the present form of the collegium, and has been prevalent ever since.
This opinion laid down that the recommendation should be made by the CJI and his four seniormost colleagues, instead of two. It also held that Supreme Court judges who hailed from the High Court for which the proposed name came, should also be consulted.
It was also held that even if two judges gave an adverse opinion, the CJI should not send the recommendation to the government.
Critics argue that the system is non-transparent, since it does not involve any official mechanism or secretariat. It is seen as a closed-door affair with no prescribed norms regarding eligibility criteria or even the selection procedure. There is no public knowledge of how and when a collegium meets, and how it takes its decisions.
Article Link: Collegium recommends nine judges for Supreme Court