The Supreme Court

Total Questions: 50

21. Acting Chief Justice of the Supreme Court of India is appointed by - [U.P.U.D.A./L.D.A. (Pre) 2001]

Correct Answer: (c) President
Solution:According to Article 126 of the Indian Constitution, the Acting Chief Justice of the Supreme Court is appointed by the President of India. It is done if the post of Chief Justice is vacant or he is unable to discharge his duties. There is no provision of additional judges in the Supreme Court of India.

Appointment of the Chief Justice

The Chief Justice is appointed by the President after consultation with such judges of the Supreme Court and High Courts as he deems necessary.
As per the Second Judges Case (1993), the senior-most judge of the Supreme Court should alone be appointed as the Chief Justice of India.
Appointment of Other Judges

  • The other judges are appointed by the President after consultation with the Chief Justice and such other judges of the Supreme Court and the High Courts as he deems necessary.
  • The consultation with the Chief Justice is obligatory in the case of the appointment of a judge other than the Chief Justice.
  • As per the Second Judges Case (1993), consultation with the Chief Justice means concurrence and advice tendered by the Chief Justice is binding on the President.
  • As per the Third Judges Case (1998), the Chief Justice should consult a collegium of 4 senior-most judges of the Supreme Court before recommending the name to the President.
  • The recommendations made by the Chief Justice, without consulting the collegium, are not binding on the President.

22. Acting Chief Justice of India is appointed by the ________. [U.P.P.C.S. (Pre) 2000]

Correct Answer: (c) President
Solution:According to Article 126 of the Indian Constitution, the Acting Chief Justice of the Supreme Court is appointed by the President of India. It is done if the post of Chief Justice is vacant or he is unable to discharge his duties. There is no provision of additional judges in the Supreme Court of India.

Appointment of the Chief Justice

The Chief Justice is appointed by the President after consultation with such judges of the Supreme Court and High Courts as he deems necessary.
As per the Second Judges Case (1993), the senior-most judge of the Supreme Court should alone be appointed as the Chief Justice of India.
Appointment of Other Judges

  • The other judges are appointed by the President after consultation with the Chief Justice and such other judges of the Supreme Court and the High Courts as he deems necessary.
  • The consultation with the Chief Justice is obligatory in the case of the appointment of a judge other than the Chief Justice.
  • As per the Second Judges Case (1993), consultation with the Chief Justice means concurrence and advice tendered by the Chief Justice is binding on the President.
  • As per the Third Judges Case (1998), the Chief Justice should consult a collegium of 4 senior-most judges of the Supreme Court before recommending the name to the President.
  • The recommendations made by the Chief Justice, without consulting the collegium, are not binding on the President.

23. The Judges of Supreme Court of India are appointed by the President - [Uttarakhand U.D.A./L.D.A. (Mains) 2006, 2007]

Correct Answer: (d) In consultation with the Chief Justice of the Supreme Court.
Solution:According to Article 124(2) of the Indian Constitution every Judge of the Supreme Court shall be appointed by the President after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose. However in case of appointment of a Judge other than the chief justice, the chief justice of India shall always be consulted. Consultation with the Chief Justice of India was made obligatory by a decision made in 1993. In 1998, the Supreme Court made it clear that Chief Justice of India's consultation means consultation of collegium which comprises the Chief Justice of India and four other senior-most Judges.

24. In which year was the Collegium System for the appointment of Judges adopted by the Supreme Court of India? [Uttarakhand P.C.S. (Pre) 2016]

Correct Answer: (a) 1993
Solution:The Collegium System for the appointment of Judges was adopted by the Supreme Court in 1993. The Collegium System has it's genesis in three of Supreme Court judgments collectively known as the Three Judges Cases.

Appointment of the Chief Justice

The Chief Justice is appointed by the President after consultation with such judges of the Supreme Court and High Courts as he deems necessary.
As per the Second Judges Case (1993), the senior-most judge of the Supreme Court should alone be appointed as the Chief Justice of India.
Appointment of Other Judges

  • The other judges are appointed by the President after consultation with the Chief Justice and such other judges of the Supreme Court and the High Courts as he deems necessary.
  • The consultation with the Chief Justice is obligatory in the case of the appointment of a judge other than the Chief Justice.
  • As per the Second Judges Case (1993), consultation with the Chief Justice means concurrence and advice tendered by the Chief Justice is binding on the President.
  • As per the Third Judges Case (1998), the Chief Justice should consult a collegium of 4 senior-most judges of the Supreme Court before recommending the name to the President.
  • The recommendations made by the Chief Justice, without consulting the collegium, are not binding on the President.

25. The Supreme Court's Collegium comprises the Chief Justice of India and a few Senior Judges for recommending appointee to the Supreme Court. The number of such Senior Judges, who are part of this body, is : [U.P.P.S.C. (GIC) 2010]

Correct Answer: (b) 4
Solution:The Supreme Court's Collegium comprises the Chief Justice of India and 4 Senior Judges for recommending appointee to the Supreme Court.

Appointment of the Chief Justice

The Chief Justice is appointed by the President after consultation with such judges of the Supreme Court and High Courts as he deems necessary.
As per the Second Judges Case (1993), the senior-most judge of the Supreme Court should alone be appointed as the Chief Justice of India.
Appointment of Other Judges

  • The other judges are appointed by the President after consultation with the Chief Justice and such other judges of the Supreme Court and the High Courts as he deems necessary.
  • The consultation with the Chief Justice is obligatory in the case of the appointment of a judge other than the Chief Justice.
  • As per the Second Judges Case (1993), consultation with the Chief Justice means concurrence and advice tendered by the Chief Justice is binding on the President.
  • As per the Third Judges Case (1998), the Chief Justice should consult a collegium of 4 senior-most judges of the Supreme Court before recommending the name to the President.
  • The recommendations made by the Chief Justice, without consulting the collegium, are not binding on the President.

26. Consider the following statements about the collegium system: [69th B.P.S.C. (Pre) 2023]

1. The Supreme Court collegium is a five-member body, which is headed by the incumbent Chief Justice of India (CJI) and comprises four other seniormost Judges of the Court at that time.

2. The Parliament by law has evolved the collegium system.

3. The Judges of the Supreme Court and High Courts are appointed only through the collegium system.

4. The collegium system was introduced in the year 1993 by Justice P. N. Bhagwati in the landmark First Judges Case.

Which of the above statements is/are correct?

Correct Answer: (d) 1 and 3
Solution:The Chief Justice of India is one of the five senior judges of the Supreme Court's Collegium. They will take into consideration the promotion of judges of the Supreme Court, as well as the promotion of judges of High Courts to the position of chief justice. When there is a disagreement, the majority opinion will take precedence. The collegium approach emerged because the Indian Constitution requires consultation with the Chief Justice of India before any appointment to the judiciary. Significantly, Parliament did not establish this system. Initially, After the Second Judges Case (1993) the collegium system comprised the Chief Justice of India and the two senior-most judges of the Supreme Court. In this case Hon'ble Supreme Court of India ruled that consultation" means concurrence, binding the President to the Chief Justice's consultations.

27. Which of the following has recommended that appointment of Judges to Higher Courts should be through the participation of the Executive, Legislature and Chief Justice? [U.P.P.S.C. (R.I.) 2014]

Correct Answer: (c) Second Administrative Reforms Commission.
Solution:The Second Administrative Reforms Commission has recommended that the appointment of Judges to Higher Courts should be through the participation of the Executive, the Legislature, and the Chief Justice of India.

Appointment of the Chief Justice

The Chief Justice is appointed by the President after consultation with such judges of the Supreme Court and High Courts as he deems necessary.
As per the Second Judges Case (1993), the senior-most judge of the Supreme Court should alone be appointed as the Chief Justice of India.
Appointment of Other Judges

  • The other judges are appointed by the President after consultation with the Chief Justice and such other judges of the Supreme Court and the High Courts as he deems necessary.
  • The consultation with the Chief Justice is obligatory in the case of the appointment of a judge other than the Chief Justice.
  • As per the Second Judges Case (1993), consultation with the Chief Justice means concurrence and advice tendered by the Chief Justice is binding on the President.
  • As per the Third Judges Case (1998), the Chief Justice should consult a collegium of 4 senior-most judges of the Supreme Court before recommending the name to the President.
  • The recommendations made by the Chief Justice, without consulting the collegium, are not binding on the President.

28. Which of the following type of Judge/Judges can be appointed in the Supreme Court of India? [M.P.P.C.S. (Pre) 2020]

(i) ad hoc Judge

(ii) Additional Judge

 

Correct Answer: (a) (i) is true and (ii) is false
Solution:Ad Hoc Judge
  • When there is a lack of quorum of permanent judges to hold or continue any session of the Supreme Court, the Chief Justice of India can appoint a judge of the High Court (who is duly qualified for appointment as a judge of the Supreme Court) as an Ad Hoc judge of the SC for a temporary period.
  • The Chief Justice of India can do so only after consultation with the Chief Justice of the High Court concerned and with the previous consent of the President.
  • While performing the duties, the Ad Hoc Judge enjoys all the jurisdictions, powers, and privileges of the judge of the SC.

Retired Judges

  • The Chief Justice of India can request a retired judge of the Supreme Court or a retired judge of a High Court (who is duly qualified for appointment as a judge of the SC) to act as a judge of the SC for a temporary period.
  • The Chief Justice of India can do so with the previous consent of the President and of the person to be appointed.
  • Such a judge is entitled to such allowances as determined by the President.
  • Also, he/she enjoys all the jurisdiction, powers, and privileges of a judge of the SC.
    But, he will not be deemed to be a judge of the SC.

29. Ad hoc Judges are appointed in the Supreme Court when _________. [I.A.S. (Pre) 2000]

Correct Answer: (d) There is no quorum of the Judges available to hold.
Solution:Under Article 127(1) of the Constitution, at any time if there should not be a quorum of the Judges of the Supreme Court available to hold or continue any Session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.

30. The Indian Constitution provides for the appointment of "Ad hoc Judges" in ________. [U.P.P.S.C. (GIC) 2010, U.P.P.C.S. (Mains) 2004]

Correct Answer: (a) Supreme Court
Solution:Under Article 127(1) of the Constitution, at any time if there should not be a quorum of the Judges of the Supreme Court available to hold or continue any Session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.