đŸ’„Join UPSC 2027,2028 Mentorship (July Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Subject: Polity

  • Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system on appointment of the Judges of the Supreme Court of India and that of the USA.

    The appointment of judges is central to judicial independence and part of the Basic Structure (Kesavananda Bharati, 1973).

    In India, this evolved through judicial interpretation, whereas in the USA, the process is constitutionally and politically structured.

    Evolution of the Collegium System in India

    Articles 124(2) and 217(1)– Provide for appointment of judges by the President after consultation with the Chief Justice of India (CJI).

    First Judges Case (S.P. Gupta v. Union of India, 1981)

    Held that “consultation” does not mean “concurrence.” CJI’s opinion was not binding

    Gave primacy to the executive in judicial appointments and transfers.

    Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993) – Overruled the 1981 judgment. Established the Collegium System– CJI + 2 senior-most judges of the Supreme Court to recommend appointments.

    Third Judges Case (Re Presidential Reference, 1998) – Expanded the collegium to CJI + 4 senior-most judges. Made consultation with the collegium binding on the executive.

    Parliament passed the 99th Constitutional Amendment to replace the collegium with NJAC. Composition- CJI, 2 senior judges, Law Minister, and 2 eminent persons.

    Supreme Court Judgment (2015), NJAC was struck down as unconstitutional, violating the Basic Structure (judicial independence).

    Present Status

    Collegium Composition-

    Supreme Court- CJI + 4 senior-most judges.

    High Court- Chief Justice + 2 senior-most judges.

    Executive Role- Can seek reconsideration once, but must accept the collegium’s recommendation thereafter.

    In the USA, Judges of the Supreme Court are nominated by the President and confirmed by the Senate after public hearings.

    Analysis of system of appointment

    India

    USA

    India’s collegium ensures independence but lacks transparency, whereas the U.S. model ensures openness but risks politicisation. Thus, a mechanism balancing independence and accountability is essential to preserve judicial integrity and democratic legitimacy.

  • Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.

    The Indian Constitution, under Article 368, confers the power of amendment on Parliament. However, this power is neither absolute nor unlimited, being subject to procedural and substantive limitations.

    Procedural Limitations

    These are explicit constitutional conditions laid down in Article 368. Violation of any renders the amendment invalid.

    Special Majority Requirement – Majority of total membership of each House, and Two-thirds of members present and voting.

    Separate Approval by Each House – No joint sitting is allowed under Article 108.

    Ratification by Half States for Federal Provisions – Eg- 101st Amendment (GST) required ratification.

    Presidential Assent under Article 368(2).

    Bill must follow all legislative procedures – notice, debate, quorum, and voting. Procedural irregularities can invite judicial scrutiny (as per Raj Narain v. Indira Gandhi, 1975).

    Substantive Limitations on the Amending Power

    These are judicially evolved constraints that restrict Parliament from altering the core identity of the Constitution.

    Doctrine of Basic Structure (Kesavananda Bharati v. State of Kerala (1973))

    Limited Amending Power Itself is Basic Structure (Minerva Mills, 1980) – Clauses (4) and (5) of Article 368 (inserted by the 42nd Amendment) were struck down.

    I.R. Coelho v. State of Tamil Nadu (2007) held that even laws placed in the Ninth Schedule after 1973 are open to Basic Structure review.

    Parliament cannot amend to abrogate or emasculate Fundamental Rights forming part of the Basic Structure (e.g., equality, liberty).

    Parliament cannot alter the essential federal balance between Centre and States. (Kuldip Nayar v. Union of India (2006))

    Indira Nehru Gandhi v. Raj Narain (1975)- Free and fair elections, rule of law, and judicial review are part of Basic Structure.

    Harmony between Fundamental Rights and Directive Principles – Both must coexist; destroying one in favor of the other violates Basic Structure.

    Examination of limitations

    Thus, the limited amending power under Article 368 makes the Indian Constitution a living document, capable of growth yet immune from destruction.

  • Discuss the nature of Jammu and Kashmir Legislative Assembly after the Jammu and Kashmir Reorganization Act, 2019. Briefly describe the powers and functions of the Assembly of the Union Territory of Jammu and Kashmir.

    The Jammu and Kashmir Reorganization Act, 2019, following the abrogation of Article 370 and 35A, reorganized the former State of J&K into two Union Territories – Jammu & Kashmir (with legislature) and Ladakh (without legislature).

    Nature of J&K Legislative Assembly after the J&K Reorganization Act, 2019

    The UT of J&K Assembly resembles that of Delhi and Puducherry, functioning under Article 239A with limited law-making powers.

    The Lieutenant Governor (LG) is the head of the UT, appointed by the President, and wields greater authority than Governors of states.

    The Assembly has a five-year term (not six as earlier).

    Abolition of J&K Legislative Council – Bicameralism ended, Assembly became unicameral.

    Out of 107 seats in J&K Assembly-

    83 elected,

    24 reserved for Pakistan-occupied Kashmir (PoK),

    5 to be nominated by the LG, including 2 women (as per the Act, 2019 amendment 2023).

    Powers and Functions of J&K Legislative Assembly

    Legislative Powers

    Can legislate on subjects of the State List, except public order, police and concurrent list subject.

    Section 36 – Financial Bills in J&K UT can be introduced or moved in the Legislative Assembly only on the recommendation of the Lieutenant Governor.

    Laws require assent of the LG, who may refer bills to the President.

    Executive Oversight

    The Council of Ministers, headed by the Chief Minister, is collectively responsible to the Assembly.

    The Assembly exercises oversight through questions, motions, debates, and budget control.

    However, Section 53 – LG acts in discretion on matters related to All India Services & Anti-Corruption Bureau.

    Financial Powers

    Can pass the annual budget and authorize expenditure from the Consolidated Fund of J&K.

    Money Bills require the prior recommendation of the LG.

    The J&K Legislative Assembly post-2019 is a restricted legislature, balancing democratic representation with the Union’s direct control over sensitive subjects.

  • “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.

    Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy. In the words of Ambedkar, “Constitutional morality is not a natural sentiment. It has to be cultivated”.

    Constitutional morality as the fulcrum

    Checks on High Functionaries

    Supremacy of Constitution – Limits arbitrary use of executive or legislative power.

    Rule of Law – Ensures decisions are legal, not personal or political.

    Judicial Review – Eg- NJAC Judgment

    Equality & Non-discrimination – Prevents rulers from favouring particular groups.

    Democratic Accountability – Demands transparency and answerability in governance. Eg- D. C. Wadhwa Case – frequent promulgation of ordinance as “fraud on the Constitution.”

    Separation of Powers – Eg – Indira Gandhi v. Raj Narain (1975) struck down 39th Amendment to protect judicial review.

    Spirit of Justice – Requires policies and judgments to align with fairness.

    Checks on Citizens

    Ensures public morality does not override rights and dignity of individuals. Eg – Navtej Johar (2018) decriminalised homosexuality, Sabrimala Judgment.

    Equality & Non-discrimination – Binds citizens against practising caste, gender, or religious exclusion.

    Tolerance & Fraternity – Discourages hate speech, intolerance, or majoritarian excesses.

    Constitutional Patriotism – Promotes loyalty to constitutional ideals over narrow identity politics. Eg- Fundamental Duties

    Concept of constitutional morality

    George Grote, in his History of Greece, described constitutional morality as a “rare and difficult sentiment”–

    Paramount reverence for forms and procedures of the Constitution.

    Adherence to law while enabling open criticism of authority.

    Need for public reason, self-restraint, and trust in institutions.

    Application of Constitutional Morality in Balancing Judicial Independence and Accountability

    Judicial Appointments – Constitutional morality preserves judicial primacy in appointments (NJAC Case 2015), while demanding transparency and collegium reforms for accountability.

    Judicial Review – Protects independence of judiciary to strike down unconstitutional laws (Kesavananda Bharati 1973), yet requires judicial restraint to avoid overreach.

    Judicial Conduct – Ensures judges remain free from executive pressure, but also subject to scrutiny for corruption or misconduct (K. Veeraswami v. Union of India 1991).

    Public Trust – Judicial independence protects rule of law, while accountability ensures public confidence in the judiciary.

    Ensures Transparency and accountability – Subhash Agarwal Case- Brought CJI’s office under RTI.

    Public Interest Litigation (PIL) – Expands access to justice for the poor and marginalised, but constitutional morality demands avoidance of frivolous PILs to preserve judicial credibility.

    Contempt Powers – Secure judicial independence, but require tolerance of criticism unless it obstructs justice delivery. Eg- Prashant Bhushan Case

    As Justice D.Y. Chandrachud observed, “Judicial independence is not a privilege but a responsibility owed to the Constitution.”

  • Discuss the ‘corrupt practices’ for the purpose of the Representation of the People Act, 1951. Analyze whether the increase in the assets of the legislators and/or their associates, disproportionate to their known sources of income, would constitute ‘undue influence’ and consequently a corrupt practice.

    The Representation of the People Act, 1951 defines a set of “corrupt practices” (Section 123), violation of which can lead to disqualification of a candidate (Section 8).

    Corrupt Practices under RPA, 1951

    Bribery – Offering or accepting gratification (money, jobs, gifts, entertainment) to induce candidature, withdrawal, or voting/refraining from voting. Eg- Distribution of cash or liquor during elections.

    Undue Influence – Interference (direct or indirect) with the free exercise of electoral rights through threats, inducements, or pressure. Eg- Threats of social boycott or misuse of official authority.

    Appeal on Identity Grounds – Seeking votes based on religion, caste, community, race, or language, or using religious/national symbols.

    Promotion of Enmity – Spreading hatred between groups for electoral gains.

    False Statements – Publishing knowingly false information about a candidate’s personal character or conduct to prejudice election prospects.

    SC in 2023 held that providing false information about electoral Candidates Qualification is not a Corrupt Practice under RPA, 1951.

    Free Conveyance of Voters – Hiring vehicles/vessels for voters’ free transport to polling stations.

    Excessive Expenditure – Spending beyond limits prescribed under Section 77.

    Misuse of Official Machinery – Seeking help from government servants such as gazetted officers, judges, police, armed forces.

    Booth Capturing – Seizing polling stations or ballot boxes by force.

    Glorification of Sati or Regressive Practices – Using such appeals for electoral advantage.

    Assets of Legislators and the Question of Undue Influence

    Since 2004, under the Representation of the People Act, 1951, MPs must declare their assets and liabilities to the Speaker (Lok Sabha) or Chairman (Rajya Sabha) within 90 days of taking their seat.

    The Supreme Court, in Lok Prahari case, mandated that candidates disclose not only their assets but also the sources of income of themselves, their spouses, and dependents.

    It directed the Centre to amend election rules and nomination forms, and sought a permanent mechanism to probe disproportionate asset growth of legislators.

    The Court held that non-disclosure of assets or income sources amounts to a corrupt practice under Section 123, RPA 1951.

    A legislator’s or associate’s increase in assets disproportionate to known income is also a matter of corruption under Prevention of Corruption Act (1988) or criminal misconduct under IPC/Prevention of Money Laundering Act. Section 8 (3) of the Act states that if an MP or MLA is convicted for any other crime and is sent to jail for 2 years or more, he/ she will be disqualified for 6 years from the time of release.

    Thus, the disqualification provisions ensure the trinity of Ethics, Accountability and Fairness of electoral process.

  • Consider the following statements

    Consider the following statements:
    1. Justice V.R. Krishna Iyer was the Chief Justice of India.
    2. Justice V.R. Krishna Iyer is considered as one of the progenitors of public interest litigation (PIL) in the Indian judicial system.

  • Consider the following statements

    Consider the following statements:
    1. The Legislative Assembly of each State shall consist of not more than 450 members chosen by direct election from territorial constituencies in the State.
    2. A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State if he/she is less than 25 years of age.

  • With reference to Union Government, consider the following statements

    With reference to Union Government, consider the following statements :
    1. The number of Ministries at the Centre on 15th August 1947 was 18.
    2. The number of Ministries at the Centre at present is 36.
    Which of the statements given above is/are correct ?

  • With reference to Union Government, consider the following statements

    With reference to Union Government, consider the following statements:
    1. The Constitution of India provides that all Cabinet Ministers shall be compulsorily the sitting members of Lok Sabha only.
    2. The Union Cabinet Secretariat operates under the direction of the Ministry of Parliamentary Affairs.
    Which of the statements given above is/are correct?

  • Consider the following statements

    Consider the following statements :
    1. Central Administrative Tribunal (CAT) was set up during the Prime Ministership of Lal Bahadur Shastri.
    2. The Members for CAT are drawn from both judicial and administrative streams.
    Which of the statements given above is/are correct ?