SC Collegium System. Questions for IAS Prelims exam 2025 .

 

1. With reference to the Supreme Court Collegium, consider the following statements:

1. The Supreme Court Collegium is responsible for the appointment and transfer of judges in the Supreme Court and High Courts.

2. The Collegium consists of the Chief Justice of India and four senior-most judges of the Supreme Court.

3. The recommendations of the Collegium are binding on the President of India.

Which of the statements given above are correct?

• (a) 1 and 2 only

• (b) 2 and 3 only

• (c) 1 and 3 only

• (d) 1, 2, and 3

Answer:

• Statement 1 is correct. The Supreme Court Collegium is responsible for recommending the appointment, transfer, and elevation of judges to the Supreme Court and High Courts.

• Statement 2 is correct. The Collegium is composed of the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court.

• Statement 3 is incorrect. While the President appoints judges based on the Collegium's recommendation, the recommendations are not constitutionally binding. However, the government usually adheres to them unless they are returned with specific objections.

• Correct Answer: (a) 1 and 2 only

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2. Regarding the transfer of High Court judges, consider the following points:

1. The President of India has the sole authority to transfer High Court judges without consultation.

2. The Supreme Court Collegium’s recommendations for transfer are made to ensure better administration of justice.

3. A High Court judge can be transferred to another High Court only with their consent.

Which of the statements given above are correct?

• (a) 1 and 2 only

• (b) 2 only

• (c) 2 and 3 only

• (d) 1, 2, and 3

Answer:

• Statement 1 is incorrect. The President acts on the advice of the Supreme Court Collegium and must consult the Chief Justice of India for the transfer of High Court judges.

• Statement 2 is correct. Transfers are often recommended by the Collegium to ensure the integrity of the judiciary and better administration of justice, especially in cases involving conflict of interest or allegations.

• Statement 3 is incorrect. A judge's consent is not required for a transfer under Article 222 of the Constitution. However, they are generally consulted.

• Correct Answer: (b) 2 only