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
Note:

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.

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

Correct Answer: (c) President
Note:

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.

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
Note:

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
Note:

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.

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
Note:

The Supreme Court's Collegium comprises the Chief Justice of India and 4 Senior Judges for recommending appointee to the Supreme Court.

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
Note:

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
Note:

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.

 

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

Codes:

 

Correct Answer: (a) (i) is true and (ii) is false
Note:

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.

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.
Note:

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
Note:

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.