Question

In which of the following cases has Supreme Court held that primacy should be given to the opinion of Chief Justice of India over the opinion of other constitutional of High Court and Supreme Court Judges ____________________.

• A. Supreme Court Advocate on Record Association v. Union of India
• B. Transfer of Judges case
• C. Special courts Bills case
• D. Keshvananda Bharti case.

Answer 1

The correct option is A Supreme Court Advocate on Record Association v. Union of India

In early 2015, the Supreme Court Advocates-on-Record Association and Senior Advocates filed writ petitions before the Supreme Court challenging the constitutionality of the Ninety-ninth Amendment and the NJAC Act.24 The petitions alleged, inter alia, that the NJAC violated the basic structure of the Constitution by compromising the judiciary’s independence.A few key holdings emerged from the NJAC Judgment. First, the Court held that the Constitution mandates judicial primacy in appointments. Second, based on the constitutional text and longstanding practice, the Court held that judicial primacy is not only constitutionally required, but is also part of the unamendable basic structure because it is integral to the independence of the judiciary. Third, and as a consequence of the prior holdings, the NJAC was held unconstitutional for violating the requirements of judicial primacy and judicial independence. Hence, Option A is correct.