Which of the following statements is/are correct regarding the appointment of Supreme Court judges? 1. The Constitution of India explicitly mandates that the senior-most judge of the Supreme Court must be appointed as the Chief Justice of India. 2. The Supreme Court Collegium, responsible for recommending elevations, currently consists of the Chief Justice of India and the four senior-most judges.

Question

Accepted Answer

B) 2 only — Statement 1 is incorrect because the seniority rule for appointing the CJI is a convention (and part of the Memorandum of Procedure), not explicitly written in the Constitution of India. Statement 2 is correct, as established by the Third Judges Case (1998).

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