Question

Q. Which of the following case law is not related to appointments in the Judiciary?

• A. S.P Gupta vs. Union of India
• B. Supreme Court AOR Association vs. Union of India
• C. Re Presidential Reference 1998
• D. Chintaman Rao vs. State of Madhya Pradesh

Answer 1

The correct option is D Chintaman Rao vs. State of Madhya Pradesh

Explanation:

Statement (a) is related to the First judges' case, 1982:

1. A petition was filed in 1982 in the Supreme Court of India.
2. This case is known as the S.P.Gupta Case or First Judges case.
3. The Supreme Court discussed 2 major points during the proceedings of this case
4. When asked the Supreme Court of India whether the word “consultation” in the constitutional article 124 mean “concurrence”; the Supreme court overruled this and denied saying that Consultation does not mean concurrence. The President was not bound to make a decision based on the consultation of the Supreme Court.
5. Another important point in the discussion, in this case, was the part where the Supreme Court decided that a High Court Judge can be transferred to any other high court of a state even against his will.

Statement (b) is related to the Second judges’ case,1993

1. Another petition was filed in 1993 by the Supreme Court Advocates on Record Association (SCARA).
2. In this case, the Supreme court overruled its earlier verdict and changed the meaning of consultation to concurrence. Thus, binding the President of India with the consultations of the Chief justice of India.
3. This resulted in the birth of the Collegium System.

Statement (c) is related to Third Judges’ Case, 1998

1. In the year 1998, the presidential reference to the Supreme Court was issued questioning the meaning of the word consultation in articles 124, 217, and 222 of the Constitution.
2. The chief justice won’t be the only one as a part of the consultation process. Consultation would include a collegium of 4 senior-most judges of the Supreme court. Even if 2 of the judges are against the opinion, the CJI will not recommend it to the government.

Statement (d) is related to the test of reasonability under Article 19.