Articles 124-128 establish the Supreme Court's independence through the Collegium System - a self-regulation mechanism where senior judges recommend new judicial appointments and transfers without executive interference.
Justice KM Joseph's August 17 remarks reinforcing that the Centre "should not sit over reiterated Collegium Recommendations" reflects the Constitutional mandate. The Supreme Court in First Judges Case (1982) and subsequent decisions has protected judicial independence as a "basic feature" of the Constitution.
Repo Rate: Maintained at 5.25% (4th consecutive hold)
Inflation Outlook: CPI expected to peak at 5.9% in Q3 FY2026-27
GDP Growth: Revised upward to 6.7% from 6.6%
Policy Stance: Neutral stance maintained; data-dependent approach
Rationale: Balancing growth support with inflation control amid global uncertainties
Inflation Pressures: Food, fuel, and other input prices remain elevated
Domestic Demand: Reported as resilient and robust
Exports: Showing positive performance
Global Context: Sharp market swings and shifting policy expectations globally
Next Steps: RBI monitoring data on food prices, crude oil, and global developments
Duration: 19 sittings over 25 days
Bills Passed: 12 bills
Lok Sabha Productivity: 19%
Rajya Sabha Productivity: 39%
Collegium - Recommends judges independently
Override - Cannot be overridden by executive
Regulation - Self-regulation mechanism for judiciary
Executive - Must respect independence from government
Neutral - Current RBI stance
Data - Dependent approach
No - Changes to rates (held at 5.25%)
Need - Monitor inflation trends
First 3 breached: Climate, Biosphere, Land-use | Next 4: Freshwater, Biogeochemical, Ocean, Ozone | Last: Chemical/Novel
Public Interest (not private)
Immediate access (Supreme/High Court)
Commonly filed by NGOs, individuals for public cause
Art 124-126: Constitution, powers, conditions
Art 127-128: Retired/Additional judges
Key: Collegium recommendations are BINDING, not advisory
โ Correct Approach:
โ Common Mistakes:
๐ก CLAT Answer Structure:
"Collegium recommendations, while procedurally 'advice' under Article 124(2), have binding constitutional force established by the Supreme Court in the Judges Cases. The Government cannot indefinitely delay implementation based on bureaucratic concerns. Judicial independence, as a basic feature, requires prompt compliance. If the Government refuses, the High Court can issue mandamus under Article 226 compelling compliance. Justice Joseph's remarks reinforce that the Centre 'should not sit over' recommendationsโmeaning delays must be minimal and justified."