Question

Which case is referred to as the Second Judges case?

• A. Supreme Court Advocates on Record Association & Ors. v Union of India
• B. S. P. Gupta v Union of India
• C. In Re Special Reference case
• D. M.C. Mehta v Union of India

Hint:

Remember the sequence of the Judges Cases: 1st Judges Case (1981) = S.P. Gupta. 2nd Judges Case (1993) = SCAORA. 3rd Judges Case (1998) = Presidential Reference.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question asks for the specific legal title of the landmark judgment commonly referred to as the "Second Judges case."

Step 2: Key Concepts and Approach:
The appointment of judges to the Supreme Court and High Courts under Articles 124(2) and 217(1) underwent massive evolution through a series of judicial interventions.
We need to outline the three primary "Judges Cases" that led to the establishment of the modern Collegium system.

Step 3: Detailed Explanation:

• First Judges Case (1981): In S.P. Gupta v. Union of India, the Supreme Court held that the word "consultation" in Article 124 does not mean "concurrence." This gave the executive ultimate supremacy in judicial appointments.

• Second Judges Case (1993): In Supreme Court Advocates-on-Record Association (SCAORA) v. Union of India, a 9-judge bench overruled S.P. Gupta. It held that "consultation" means "concurrence" and introduced the Collegium system.

• Genesis of the Collegium: The Court held that the Chief Justice of India (CJI) must consult with two senior-most colleagues, and their collective opinion is binding on the Executive.

• Third Judges Case (1998): In Re Special Reference case, the Court expanded the collegium to include the CJI and four senior-most judges of the Supreme Court.

Step 4: Final Answer:
The Second Judges case is the Supreme Court Advocates on Record Association & Ors. v. Union of India (1993).