Revision summary
The Second and Third Judges Cases made the collegium the method of appointing Supreme Court and High Court judges. The 99th Amendment and the NJAC Act, 2014, tried to share that power with the Law Minister and two eminent persons. SCAORA (2015) struck both down as damaging basic-structure judicial primacy, with Justice Chelameswar dissenting. The Court asked for a better Memorandum of Procedure; that transparency work is still unfinished. Independence of appointment was protected; openness of appointment was not delivered by the judgment alone.
Model answer
Flow diagram
flowchart TD C[Collegium Second and Third Judges Cases] --> N[99th Amendment and NJAC Act 2014] N --> S[SCAORA 2015 struck down] S --> P[Judicial primacy restored] S --> M[Memorandum of Procedure pending] P --> I[Independent higher judiciary]
Conclusion
- Finalise a Memorandum of Procedure with written reasons, eligibility criteria and a timeline for filling High Court vacancies.
- Keep judicial primacy, but add a secretariat and limited non-judge inputs on integrity and diversity, without a political veto of the 2014 kind.
The 2015 judgment saved judicial primacy in appointments and struck down the NJAC and the 99th Amendment as a threat to independence. It did not cure the collegium’s secrecy. Higher-judiciary appointment in India still needs a transparent, judge-led process, not a return to executive veto dressed as a commission.
Quick related
Students also ask
-
'Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government's accountability to the people' Discuss.
Next question in the 2017 paper (Q3). View answer →
-
Did the 2015 Court say Parliament can never change appointments?
No. It said this Commission, with a political veto, damaged judicial primacy. A better-designed, judge-led process with more transparency was left open through the Memorandum of Procedure.
-
Is the NJAC Act still in force?
No. Once the 99th Amendment was void, the Act had no constitutional peg and did not operate.
PYQ trend
When UPSC asked this
Related PYQs from other years, newest first. Open a question to read it.
-
2025 · Q11 · GS II · 15 marks
"Constitutional morality is the fulcrum which acts as an essential check upon the high functionaries and citizens alike…"In view of the above observation of the Supreme Court, explain the concept of constitutional morality and its application to ensure balance between judicial independence and judicial accountability in India. -
2025 · Q13 · GS II · 15 marks
Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA. -
2024 · Q14 · GS II · 15 marks
Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world's most powerful judiciary ? -
2022 · Q1 · GS II · 10 marks
"The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court." Discuss this statement with the help of relevant case laws. -
2021 · Q2 · GS II · 10 marks
Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. -
2018 · Q11 · GS II · 15 marks
Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (15).
More from this paper
Q1 · UPSC Mains 2017 · GS II · 10 marks
"The local self government system in India has not proved to be effective instrument of governance". Critically examine the statement and give your views to improve the situation.
Governance and Policy
The 73rd and 74th Amendments created a third tier with elections, reservations and two Schedules of functions. Articles 243G and 243W still leave funds, functions and functionaries to State law, so devolution is uneven. Parastatals, late State Finance Commissions and administrator rule keep real governance above the ward. PESA, Finance Commission grants and a few State activity maps show what works when power is actually transferred. Improvement needs exclusive functions, notified SFC awards, and elected control of the staff who deliver services.
Q3 · UPSC Mains 2017 · GS II · 10 marks
'Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government's accountability to the people' Discuss.
Parliament and State Legislatures
A common poll calendar would reduce Election Commission cost, party spend and Model Code freezes. Articles 83 and 172 set five-year terms that can end earlier; forcing one date can cut or stretch those bargains. Off-year Assembly verdicts are a real accountability tool that simultaneity would weaken. National waves may swamp State issues and federal diversity of mandates. Clustered cycles and an honest dissolution rule are safer than a rigid one-nation lockstep.
Q4 · UPSC Mains 2017 · GS II · 10 marks
How do pressure groups influence Indian political process? Do you agree with this view that informal pressure groups have emerged as powerful than formal pressure groups in recent years?
Governance and Policy
Pressure groups shape Indian policy through consultation, strikes, donations, litigation and identity politics. Formal groups are registered unions, cooperatives and industry chambers with a seat in ministry talks. Informal groups are movements, media swarms and identity networks that can force the weekly agenda. Recent years have raised informal visibility, especially after anti-corruption and farmer mobilisations. Durable economic law is still often written with formal groups in the room; both need transparency, not a ban.
Toppers' copies
Toppers' copies for this question will be uploaded soon.