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QUESTION 13
GS2
15 marks

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

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11 min
250 words

What the examiner wants

Trace the evolution of the collegium and critically compare appointment of Supreme Court judges in India and the USA.

Critically examineWeigh the strengths and the weaknesses, then give a balanced verdict.

Demand-wise check

  1. 1Evolution: First Judges Case (1981, executive primacy), Second (1993, collegium), Third (1998, five-member collegium), NJAC struck down (2015), Memorandum of Procedure debates≈65 words
  2. 2India: judges appoint judges; pros (independence), cons (opacity, delays, lack of diversity)≈65 words
  3. 3USA: President nominates, Senate confirms; pros (democratic legitimacy, public hearings), cons (politicisation, life tenure battles)≈65 words

Open in about 30 words and close in about 30.

Answer plan

Evolution timelineIndian system pros/consUS system pros/consLessonsConclusion

Where marks usually go

  • Skipping the evolution part
  • Describing the US system without its downsides

Draw this

  • Timeline + comparison table

Value addition

  • Case lawSecond Judges Case (1993) created the collegium; Third Judges Case (1998) expanded it to the CJI and four senior judges.Supreme Court of India
  • FactUS Supreme Court nominees face Senate Judiciary Committee hearings and a full Senate vote.US Constitution Article II, Section 2

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