Consider the following about appointment of judges in Supreme Court In the Second Judge Case the Cou...........

Indian Polity Judiciary

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Consider the following about appointment of judges in Supreme Court

In the Second Judge Case, the Court has held that advice tendered by the CJI after consulting four seniormost judges will be binding on the President.
The senior most judges in the High Courts are to be recommended for appointment in the Supreme Court.

Select from the code below

1 only

2 only

Both

None

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Explanation:

In the third judges case (1998), the Court opined that the consultation process to be adopted by the Chief justice of India requires ‘consultation of plurality judges’. The sole opinion of the chief justice of India does not constitute the consultation process. He should consult a collegium of four seniormost judges of the Supreme Court and even if two judges give an adverse opinion, he should not send the recommendation to the government.Hence statement 1 is incorrect.

There is no explicit provision for senior most judge for the first appointment. Many judges in the past have been appointed without any due to seniority. However in the controversy over appointment of Justice Joseph, the government has opined that there are 11 judges senior to him and thus his appointment is being delayed.Hence statement 2 is incorrect.