Earlier the judges of the Supreme court were appointed by the President on the Advice of the Union C...........

Indian Polity Judiciary

Earlier the judges of the Supreme court were appointed by the President on the Advice of the Union Cabinet. But the Scenario changed after the Second Judges Case of 1993. In the light of Second Judges Case, which of the following statements are correct?

1. Judges are appointed by the President on the recommendation of the Collegium consisting of Chief Justice and senior most judges of the Supreme Court.

2. No Minister, or the executive collectively cannot suggest a name to president.

3. Collegium system was put into Constitution by 44th Amendment.

Select the code from below:

1&2 only

2&3 only

1&3 only

All of the above

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Explanation:

As per the Constitution, as held by the court in the Three Judges' Cases - (1982, 1993, 1998), a judge is appointed to the Supreme Court by the President of India on the recommendation of the collegium — a closed group of the Chief Justice of India, the four most senior judges of the court and the senior-most judge hailing from the high court of a prospective appointee. This has resulted in a Memorandum of Procedure being followed, for the appointments.Judges used to be appointed by him on the advice of the Union Cabinet. After 1993 (the Second Judges' Case), no minister, or even the executive collectively, can suggest any names to the President, who ultimately decides on appointing them from a list of names recommended only by the collegium of the judiciary. Simultaneously, as held in that judgment, the executive was given the power to reject a recommended name. However, according to some, the executive has not been diligent in using this power to reject the names of bad candidates recommended by the judiciary.
Note:-Collegium system is not given in the Constitution.