UPSC Current Affairs — Thursday, 24 September 2026

What You Need to Know

The collegium system is a mechanism where the Chief Justice of India and four senior-most judges recommend appointments and transfers of judges to the Supreme Court and High Courts. The Supreme Court recently defended this system against government criticism, calling the government's remarks 'disquieting'.

Why It Matters for UPSC

Judicial independence is a basic feature of the Constitution, and the collegium system is central to maintaining it. The ongoing tussle between the executive and judiciary affects the efficiency and credibility of the justice delivery system, which is crucial for governance and rule of law.

Background

The collegium system evolved through the Second Judges Case (1993) and Third Judges Case (1998), where the Supreme Court interpreted 'consultation' as 'concurrence'. The 99th Constitutional Amendment and NJAC Act 2014 attempted to replace it but were struck down in 2015 for violating judicial independence.

Current Relevance

Recently, the government has criticized the collegium for delays and lack of transparency, while the Supreme Court has defended it as essential for judicial independence. This ongoing tension impacts judicial vacancies and the pace of justice delivery, with over 5 crore pending cases in Indian courts.

Key Points for Revision

• •The collegium system was established through the Second Judges Case (1993) and Third Judges Case (1998), where 'consultation' was interpreted as 'concurrence'.
• •The NJAC Act, 2014, which sought to replace the collegium with a six-member body including the executive, was struck down in 2015 for violating judicial independence.
• •The Supreme Court recently called the government's remarks on the collegium 'disquieting', highlighting the ongoing executive-judiciary tension.
• •Judicial vacancies in India are over 5,000 in subordinate courts and about 400 in High Courts, partly due to delays in the collegium process.
• •The collegium system is criticized for lack of transparency, but defended as a safeguard for judicial independence, a basic feature of the Constitution.

Prelims Practice MCQs

Mains Practice Questions

• The collegium system of judicial appointments has been a subject of debate between the judiciary and the executive. Critically analyse the issues involved and suggest measures to balance judicial independence with accountability. (250 words)

  Critically analyse

• Judicial independence is a basic feature of the Indian Constitution. In light of recent tensions between the judiciary and the executive over judicial appointments, discuss the significance of the collegium system and the challenges it faces. (150 words)

  Discuss

What You Need to Know

The Election Commission of India (ECI) is a constitutional body established under Article 324 to conduct elections. The Chief Election Commissioner (CEC) is one of its members, not the sole authority.

Why It Matters for UPSC

The Supreme Court's judgment clarifies that the CEC cannot act unilaterally, promoting collective decision-making. This impacts the autonomy and efficiency of the ECI, crucial for free and fair elections.

Background

The ECI was established in 1950 with a single member, but was expanded to a multi-member body in 1989 and again in 1993. The recent Supreme Court judgment on September 23, 2023, addressed a special reference on the CEC's powers.

Current Relevance

The judgment has sparked debate on the functioning of the ECI and the need for electoral reforms. It may lead to changes in how the ECI operates, ensuring greater deliberation and checks on the CEC's powers.

Key Points for Revision

• •The Supreme Court on September 23, 2023, held that the CEC is not the ECI but one member of the multi-member body.
• •The judgment implies that the CEC cannot act unilaterally on matters requiring concurrence of other members.
• •The ECI was made a multi-member body in 1993, with the CEC and two Election Commissioners.
• •The decision is seen as a check on executive overreach but raises concerns about practical functioning.
• •Article 324 of the Constitution governs the composition and powers of the ECI.

Prelims Practice MCQs

Mains Practice Questions

• The recent Supreme Court judgment clarifying that the Chief Election Commissioner is not the Election Commission of India has significant implications for the functioning of the Election Commission. Discuss. (250 words)

  Discuss

• Critically analyze the implications of the recent Supreme Court judgment on the powers of the Chief Election Commissioner for the autonomy and effectiveness of the Election Commission of India. (250 words)

  Critically analyze

What You Need to Know

The Election Commission of India is a constitutional body under Article 324 responsible for conducting free and fair elections. The 2023 Act (Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023) established a selection committee comprising the Prime Minister, a Union Minister, and the Leader of Opposition, excluding the Chief Justice of India.

Why It Matters for UPSC

The independence of the Election Commission is crucial for the integrity of India's electoral democracy. The exclusion of the CJI from the appointment process raises concerns about executive influence over the commission, potentially undermining its autonomy and public trust in elections.

Background

Historically, Election Commissioners were appointed by the President on the advice of the Prime Minister. In Anoop Baranwal v. Union of India (2023), the Supreme Court directed the formation of a selection committee including the PM, LoP, and CJI. However, the 2023 Act replaced this with a committee excluding the CJI, prompting legal challenges.

Current Relevance

The Supreme Court's referral of the petitions to a larger bench indicates the significance of the constitutional questions involved. The outcome will impact not only the Election Commission but also set a precedent for appointments to other constitutional bodies like the CBI, CVC, and Lokpal.

Key Points for Revision

• •The 2023 Act excludes the Chief Justice of India from the selection committee for appointing Election Commissioners, replacing the earlier committee mandated by the Supreme Court in Anoop Baranwal (2023).
• •The selection committee now comprises the Prime Minister, a Union Minister nominated by the PM, and the Leader of Opposition in the Lok Sabha.
• •Petitioners argue that the exclusion of the CJI undermines the independence of the Election Commission and violates the principle of checks and balances.
• •The Supreme Court has referred the matter to a larger bench, indicating the constitutional importance of the issue.
• •The judgment will have implications for the appointment process of other constitutional bodies, potentially affecting their independence.

Prelims Practice MCQs

Mains Practice Questions

• The exclusion of the Chief Justice of India from the selection committee for appointing Election Commissioners has raised concerns about the independence of the Election Commission. Critically analyse the constitutional and institutional implications of the 2023 Act in light of recent judicial interventions. (250 words)

  Critically analyse

• Discuss the significance of the Supreme Court's referral of the petitions challenging the 2023 Act on Election Commissioner appointments to a larger bench. What does this indicate about the constitutional framework governing appointments to key constitutional bodies? (150 words)

  Discuss