Q.2 Briefly outlining the evolution of collegium system for appointment of judges in India, highlight the issues with the process. (15 Marks)

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11 responses to “Q.2 Briefly outlining the evolution of collegium system for appointment of judges in India, highlight the issues with the process. (15 Marks)”

  1. Arjun Sheoran Avatar
    Arjun Sheoran

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    1. Staff @CD Avatar
      Staff @CD

      Arjun

      Introduction is fine but mention a link statement after that introducing the collegium system. Then, talk about its evolution.
      Outline of the evolution is fine, strength of the collegium (CJI+2) in 2nd judges case can be mentioned too.
      In concerns, first point could be elaborated a bit (allegations of favouritism, nepotism, uncle judge syndrome). You could also mention that the collegium is an extra-constitutional/non-constitutional body with no place for anyone other than the judges.
      In way forward, first two points are contradictory; one of the main allegations against the NJAC was that it comprised independence of the judiciary by paving way for executive interference. You can take a middle ground by suggesting independent body to institutionalise the process with adequate safeguards to preserve the judiciary’s independence.
      Conclusion is fine.
      Keep practicing. 🙂

  2. Anirudh Repala Avatar
    Anirudh Repala

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    1. Staff @CD Avatar
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      Anirudh

      Half baked answer. Please address all parts of the question.
      In introduction, you have added law commission members as part of the collegium, not true.
      Next, outline how the collegium system evolved. (First Judges Case, Second Judges Cases, Third Judges Case, NJAC judgement)
      Some points mentioned in next part are fine such as issues of favouritism/nepotism within judiciary.
      Other drawbacks of collegium system that could be mentioned- Extra-constitutional or non-constitutional body; judges appointing judges ; no seat in the collegium for any non-judge — neither from the executive, the bar or anywhere else, overlooks talent etc
      Before conclusion, a proper way forward could be mentioned.
      Conclusion is fine.
      Please read a bit more about the topic and check out the model answers.
      Keep practicing. 🙂

      2.5/15

  3. Pallab Banerjee Avatar
    Pallab Banerjee

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    1. Staff @CD Avatar
      Staff @CD

      Pallab

      Decent attempt.
      Introduction is good. You have also outlined the evolution of collegium system very well.
      Challenges mentioned are relevant too. You could also add that there have been allegations of favouritism, nepotism, uncle judge syndrome etc. Judges appointing judges is also a unique feature of Indian judiciary.
      In way forward, you can advocate the establishment of an independent body to institutionalise the process of appointments with adequate safeguards to preserve the judiciary’s independence.
      Conclusion can be a bit shorter, don’t write elaborate conclusions, focus should be on making it crisp.
      Keep practicing. 🙂

  4. Gopinath Sahoo Avatar
    Gopinath Sahoo

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    1. Staff @CD Avatar
      Staff @CD

      Gopinath

      Good attempt.
      Both content and presentation are fine, just try to write inside the margins.
      Introduction is crisp.
      Evolution of collegium system is well traced. Years of those cases can be mentioned to give a brief timeline.
      Challenges mentioned are relevant.
      In way forward, you could advocate for a permanent, independent body to institutionalise the process with adequate safeguards to preserve the judiciary’s independence. Other points are fine.
      Conclusion is good.
      Keep practicing. 🙂

      7.5/15

  5. Alankrit Srivastava Avatar
    Alankrit Srivastava

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    1. Staff @CD Avatar
      Staff @CD

      Alankrit

      Introduction is fine.
      More detail will be expected in outline of evolution of the collegium system.
      Mention all the three cases and briefly mention the outcomes (first judges case executive given primacy over judiciary in appointments, 2nd judges case- consultation meant concurrence, judiciary got primacy, collegium- CJI +2, 3rd judges case- collegium – CJI +4). Next, you can also mention the NJAC judgement and declaration of 99th amendment as unconstitutional, which further solidified the primacy of judiciary and thwarted executive interference.
      Challenges mentioned are quite elaborate. Good points there.
      Way forward is also fine.
      Try to finish with a concluding statement, otherwise the answer looks incomplete.
      Keep practicing. Try to incorporate all aspects of the question in the answer in a proportionate manner.
      Keep practicing. 🙂

  6. megha kanapala Avatar
    megha kanapala

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