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 Three Judges cases                   (UPSC-CSE GS PAPER-2 POLITY)

1) The ‘First Judges Case’ (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective. 

          • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have       primacy.

2) The Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.

           • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two seniormost judges in the Supreme Court. 

3) On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

•The President of India appoints the CJI and the other SC judges. 

•As far as the CJI is concerned, the outgoing CJI recommends his successor.

          - In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.

          - The Union Law Minister forwards the recommendation to the Prime Minister who, in turn, advises the President.



                                                                                                                                             Thank you

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