In this article, we delve into the complex themes of Consultation and Concurrence, a topic of immense relevance for those preparing for the IAS exam . The understanding of these concepts can be a game-changer in their preparation.
- A noteworthy point is Justice Khehar's argument that the removal of judicial primacy in the matter of judicial appointments does not necessarily undermine the Constitution’s basic structure. He interprets that the term “consultation” used in Articles 124 and 217 signifies “concurrence.”
- However, the argument that “concurrence” is essential to maintain an independent judiciary, thereby being a crucial feature of the Constitution, does not necessarily follow this interpretation.
- A careful interpretation of the Second Judges Case reveals that there is no clear indication in Justice J.S. Verma’s majority judgment that a primacy of judicial opinion in making appointments to the higher judiciary forms part of the Constitution’s basic structure. It might be possible that the Supreme Court at the time believed that such primacy would contribute to a more independent judiciary.
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- Nevertheless, the court did not conclude that this was the sole means to ensure the judiciary’s autonomy. Hence, Justice Khehar’s reliance on the Second Judges Case to infer that the removal of the collegium system undermines judicial independence, thereby violating the Constitution’s basic structure, is not accurate.
- The other majority views are equally disorganized, leading to a less than ideal outcome. On the contrary, the 99th Amendment, far from infringing on the Constitution’s basic structure, reinforced the original checks and balances embedded in the document.
- The adoption of the Amendment should have been celebrated as a significant milestone in the strengthening of our democratic principles.
- The Supreme Court’s authority to exercise judicial review is indisputable. However, in this instance, the Court’s utilization of that power leaves much to be desired.
The information shared above will be beneficial for candidates preparing for UPSC 2023 .
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