Statement–Argument — Should Chief Ministers have a say in judicial appointments? Arguments: I) Yes; completely excluding the executive by vesting appointment power solely in the Chief Justice of India (with or without a collegium) risks undermining public accountability and balance among branches. II) Yes; if the Central Government has primacy regarding the Chief Justice of India, parity suggests State Governments should have a say in appointments of Chief Justices of High Courts. Choose the strong argument(s).

Difficulty: Medium

Correct Answer: if only argument I is strong

Explanation:


Introduction / Context:
This statement–argument item tests constitutional reasoning about separation of powers and checks and balances. The question is not about a specific legal scheme but about whether giving Chief Ministers a say enhances governance and judicial independence, or threatens it.


Given Data / Assumptions:

  • Judicial appointments must balance independence with democratic accountability.
  • The executive (Union or State) represents elected authority; the judiciary safeguards rights and adjudicates government action.
  • Absolute exclusion of any branch can create legitimacy or capture risks.


Concept / Approach:
A strong argument will (a) address public interest, (b) avoid absolute or purely analogical claims, and (c) consider institutional design trade-offs. We test each argument on these grounds.


Step-by-Step Solution:

Assess I: It cautions against total exclusion of the executive, pointing to balance and accountability. This is policy-relevant and grounded in constitutional design concerns. → Strong.Assess II: It relies on parity/analogy: if the Centre has primacy for CJI, States should have primacy for High Courts. But analogical parity alone does not prove desirability; different levels may warrant different designs, and “if Centre does X then State must do Y” is not intrinsically a public-interest justification. → Weaker.


Verification / Alternative check:
Comparative systems often include mixed mechanisms (judicial commissions including executive and judicial members) to reduce unilateral control, which supports the thrust of I: balance without domination.


Why Other Options Are Wrong:
“Only II” elevates analogy over substance; “Either” incorrectly treats II as independently strong; “Neither” ignores I’s constitutional rationale.


Common Pitfalls:
Confusing symmetry (parity) with sound policy; assuming more actors automatically means better outcomes without safeguards.


Final Answer:
if only argument I is strong.

More Questions from Statement and Argument

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