The Collegium for Supreme Court appointments consists of the CJI and how many senior-most judges?
Explanation: As per the Third Judges Case (1998), the Collegium for the Supreme Court comprises the Chief Justice of India and the four senior-most associate judges of the Supreme Court.
After retirement, a Supreme Court judge is barred from pleading or acting in:
- International Courts
- High Courts only
- Any court within India
- Tribunals only
Explanation: Article 124(7) prohibits a retired SC judge from pleading or acting in any court or before any authority within the territory of India.
The 3-member committee formed to investigate charges against a judge must include:
- A SC Judge, a HC Chief Justice, and a distinguished jurist
- Three senior-most MPs
- The President, PM, and CJI
- The Law Minister and two Governors
Explanation: Under the Judges (Inquiry) Act, the investigating committee must consist of a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist.
The President's consultation with the CJI in the Second Judges Case meant the CJI must consult:
- The President
- The Attorney General
- The Law Minister
- Two senior-most judges
Explanation: In the Second Judges Case (1993), the Collegium was defined as the CJI plus two senior-most judges.
A person who has held office as a Judge of the Supreme Court is barred from acting as a Judge of:
- Any High Court
- Any Court in India
- Any District Court
- All of the above
Explanation: Article 124(7) is an absolute bar on practice in any court in India for retired SC judges.
On what grounds can a judge of the Supreme Court or High Court be removed?
- Proved misbehavior or incapacity
- Violation of party whip
- Loss of confidence by the PM
- Corruption only
Explanation: Articles 124(4) and 217(1)(b) state that a judge can only be removed on the grounds of proved misbehavior or incapacity through a specific process in Parliament.
Which judge of the Rajya Sabha was the first to be impeached (passed by one house)?
- Justice J.B. Pardiwala
- Justice P.D. Dinakaran
- Justice V. Ramaswami
- Justice Soumitra Sen
Explanation: The Rajya Sabha passed the motion for removal of Justice Soumitra Sen of Calcutta HC in 2011, but he resigned before the Lok Sabha could vote on it.
Can the Supreme Court hear an appeal against the decision of the Speaker to admit a removal motion?
- No
- Only if the motion is passed
- Yes
- Only if the judge is arrested
Explanation: The admission of the motion is an internal proceeding of the House, and courts generally stay away from this stage.
Which Article prohibits a High Court judge from practicing in the same High Court after retirement?
- Article 220
- Article 222
- Article 226
- Article 217
Explanation: Article 220 restricts practice after being a permanent judge in a High Court.
If the 3-member committee finds a judge 'not guilty', can Parliament still proceed with the removal?
- Only in the Lok Sabha
- No
- Only if the PM insists
- Yes
Explanation: Under the Judges (Inquiry) Act, if the committee exonerates the judge, the process ends and the motion cannot be voted upon.
A common High Court for two or more states can be established by:
- The President
- The Parliament
- A Joint Resolution of the States
- The Supreme Court
Explanation: Article 231 empowers the Parliament to establish a common High Court for two or more States or for two or more States and a Union Territory.
Who can increase the 'Jurisdiction' of the Supreme Court?
- The Supreme Court itself
- The People via Referendum
- The Parliament
- The President
Explanation: Under Article 138, the Parliament may by law enlarge the jurisdiction and powers of the Supreme Court.
How many High Courts are there in India currently (as of 2024)?
Explanation: There are currently 25 High Courts in India. The newest one is the Andhra Pradesh High Court established in 2019.
The 'Collegium System' for judicial appointments was established through which landmark case?
- Third Judges Case
- Kesavananda Bharati Case
- Second Judges Case
- First Judges Case
Explanation: In the Second Judges Case (1993), the Supreme Court introduced the Collegium System, ruling that 'consultation' actually means 'concurrence'. It shifted the power of appointment from the Executive to the Judiciary.
To initiate removal proceedings in the Lok Sabha, a motion must be signed by at least:
- 100 members
- One-tenth of total members
- 50 members
- 150 members
Explanation: A removal motion requires the support of at least 100 members in the Lok Sabha or 50 members in the Rajya Sabha to be admitted by the Speaker/Chairman.
Is the Governor involved in the 'removal' of a High Court judge?
- No, only Parliament and the President
- Yes, they sign the order
- Only for lower courts
- Only in an advisory role
Explanation: The removal of a HC judge is identical to that of a SC judge, involving only the Parliament and the President.
Which Article gives the Supreme Court the power to punish for contempt of itself?
- Article 131
- Article 129
- Article 124
- Article 141
Explanation: Article 129 declares the Supreme Court to be a 'Court of Record', having all powers including the power to punish for contempt.
The 'Judicial Appointments Commission' was struck down because it violated which part of the Basic Structure?
- Federalism
- Independence of Judiciary
- Sovereignty
- Secularism
Explanation: The SC ruled that the presence of the Law Minister and 'eminent persons' in judicial selection compromised the independence of the judiciary.
Who can appoint an 'Acting Chief Justice' of India when the office is vacant?
- The Supreme Court Collegium
- The President
- The Parliament
- The CJI
Explanation: Under Article 126, when the office of CJI is vacant or the CJI is unable to perform duties, the President may appoint another judge of the court to perform the duties of the office.
Who appoints 'Additional' and 'Acting' judges in a High Court?
- The Chief Justice of the HC
- The State Legislature
- The President
- The Governor
Explanation: Under Article 224, the President can appoint qualified persons as additional judges for a period not exceeding two years to handle arrears of work.
A person who has held a judicial office for 10 years in India is qualified for:
- District judge
- High Court judge
- Supreme Court judge
- Both SC and HC
Explanation: Article 217(2)(a) lists holding a judicial office for 10 years as a qualification for the HC.
The decision of the President on the 'age' of a High Court judge is made after consulting:
- The State Cabinet
- The Election Commission
- The CJI
- The Governor
Explanation: Under Article 217(3), the question of the age of a HC judge is decided by the President after consultation with the CJI, and the President's decision is final.
Who can request a retired judge to sit and act as a judge of the Supreme Court?
- The CJI with President's consent
- The Law Ministry
- The Parliament
- The President
Explanation: Under Article 128, the CJI may at any time, with the previous consent of the President, request a retired SC or HC judge to sit and act as a judge of the SC.
Which Article bars the discussion of a judge's conduct in Parliament?
- Article 121
- Article 122
- Article 105
- Article 211
Explanation: Article 121 states that no discussion shall take place in Parliament with respect to the conduct of any Judge of the SC or HC in the discharge of his duties, except upon a motion for removal.
Which of the following describes the relationship between Article 124 and 217?
- 124 is for SC, 217 is for HC
- They are identical
- 124 is for removal, 217 is for appointment
- 124 is for Centre, 217 is for States
Explanation: These are the two primary articles governing the higher judiciary's composition and appointment.
The Chief Justice of a High Court is appointed by:
- The CM
- The CJI
- The President
- The Governor
Explanation: All HC judges, including the Chief Justice, are appointed by the President.
A person appointed as an Additional Judge of a High Court can serve up to age:
Explanation: Additional judges are subject to the same retirement age as permanent HC judges.
What is the retirement age for a High Court judge?
- 62 years
- 68 years
- 65 years
- 60 years
Explanation: Under Article 217, a judge of a High Court holds office until he attains the age of 62 years.
Is the 'Collegium System' mentioned in the original Constitution of 1950?
- No
- Added by 42nd Amendment
- Yes
- Only in the Preamble
Explanation: The Collegium is a judicial creation originating from the Second Judges Case of 1993.
Which case is known as the 'Judges Transfer Case'?
- S.P. Gupta v. Union of India
- Golaknath Case
- Maneka Gandhi Case
- S.R. Bommai Case
Explanation: The First Judges Case (1981), officially S.P. Gupta v. Union of India, dealt with the transfer of judges and the meaning of 'consultation'.
The 'Memorandum of Procedure' (MoP) relates to:
- Process of appointing judges
- Court proceedings
- Administrative tasks of the Registry
- Transfer of cases
Explanation: The MoP is the document that guides the appointment of judges to the SC and HCs based on the Collegium decisions.
A judge of a High Court is appointed by the President after consultation with:
- The CJI only
- The Chief Minister
- The Governor of the State only
- The CJI, Governor, and Chief Justice of that HC
Explanation: Under Article 217, the President must consult the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.
The procedure for the investigation and proof of misbehavior of a judge is regulated by:
- The Constitution itself
- Supreme Court Rules
- The Civil Procedure Code
- The Judges (Inquiry) Act, 1968
Explanation: While the Constitution provides the framework for removal, the detailed procedure for investigation is laid down in the Judges (Inquiry) Act, 1968.
Who can transfer a judge from one High Court to another?
- The President
- The CJI
- The Law Minister
- The Governor
Explanation: Under Article 222, the President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.
The salaries and allowances of Supreme Court judges are charged upon:
- Ministry of Finance
- Contingency Fund of India
- Consolidated Fund of India
- Public Account of India
Explanation: To ensure judicial independence, their salaries are charged on the Consolidated Fund of India and are not subject to the vote of Parliament.
A High Court judge submits their resignation to:
- The Chief Justice of the HC
- The CJI
- The President
- The Governor
Explanation: Even though they serve in a state, HC judges are appointed and resign to the President of India.
The concept of 'Seniority' for appointing the CJI was violated for the first time in 1973 by appointing:
- Justice A.N. Ray
- Justice H.R. Khanna
- Justice P.N. Bhagwati
- Justice M.H. Beg
Explanation: Justice A.N. Ray was appointed CJI superseding three senior judges, which was seen as an attack on judicial independence.
A person is qualified to be a Supreme Court judge if they have been a High Court judge for at least:
- 5 years
- 20 years
- 10 years
- 15 years
Explanation: One of the qualifications is having been a judge of one or more High Courts for a continuous period of at least 5 years.
Which judge of the Supreme Court recently faced a (failed) removal motion initiated by the Opposition in 2018?
- Justice J. Chelameswar
- Justice Ranjan Gogoi
- Justice Dipak Misra
- Justice N.V. Ramana
Explanation: The motion against then CJI Dipak Misra was rejected by the Vice-President (Chairman of Rajya Sabha) at the admission stage.
What is the retirement age for a Supreme Court judge?
- 60 years
- 62 years
- 65 years
- 70 years
Explanation: According to Article 124, a judge of the Supreme Court holds office until he attains the age of 65 years.
The 'Third Judges Case' was a response to a Presidential Reference under which Article?
- Article 136
- Article 142
- Article 131
- Article 143
Explanation: The President sought the opinion of the SC under its advisory jurisdiction (Article 143) regarding the consultation process, leading to the expansion of the Collegium.
In judicial appointments, 'Consultation' as 'Concurrence' ensures:
- Legislative Control
- Judicial Independence
- Executive Supremacy
- All of the above
Explanation: By giving the final word to the Collegium, it prevents political interference in the selection of judges.
A motion for removal of a judge must be passed in each House by which majority?
- Special Majority
- Absolute Majority
- Unanimous Vote
- Simple Majority
Explanation: It must be passed by a majority of the total membership of that House AND by a majority of not less than two-thirds of the members of that House present and voting.
The age of a Supreme Court judge is determined by which authority?
- Parliamentary Law
- The CJI
- Such authority as Parliament provides
- The President
Explanation: Article 124(2A) states the age of a Judge of the SC shall be determined by such authority and in such manner as Parliament may by law provide.
Who has the power to increase the number of judges in the Supreme Court?
- The CJI
- The Cabinet
- The Parliament
- The President
Explanation: Article 124(1) gives Parliament the power to prescribe the number of judges in the Supreme Court by law.
Which Constitutional Amendment sought to replace the Collegium System with the NJAC?
- 91st Amendment
- 99th Amendment
- 101st Amendment
- 42nd Amendment
Explanation: The 99th Constitutional Amendment Act, 2014, sought to establish the National Judicial Appointments Commission (NJAC). It was later struck down by the SC in 2015 as unconstitutional.
Which Article allows the President to appoint 'Ad hoc' judges in the Supreme Court?
- Article 126
- Article 128
- Article 127
- Article 130
Explanation: If there is a lack of quorum of the Judges of the Supreme Court to hold any session, the CJI (with President's consent) can appoint a High Court judge as an ad hoc judge.
Which High Court has jurisdiction over the largest number of States?
- Madras High Court
- Calcutta High Court
- Guwahati High Court
- Bombay High Court
Explanation: Guwahati High Court has jurisdiction over four states: Assam, Nagaland, Mizoram, and Arunachal Pradesh.
A judge of a High Court can be transferred by the President. Is this transfer 'punitive'?
- Yes, always
- It depends on the CJI
- Only if the judge agrees
- No, it must be in public interest
Explanation: The SC has held that transfer is not a punishment but a tool for better administration of justice in the public interest.
The process of removal of a judge must be completed within:
- There is no fixed time limit in the Constitution
- 30 days
- One session of Parliament
- 6 months
Explanation: However, the motion lapses if the Lok Sabha is dissolved before it is passed.
Can the salary of a judge be reduced during their term of office?
- Only with the judge's consent
- Only by the CJI
- Yes, by a simple law
- No, except during a Financial Emergency
Explanation: Under Article 360, the salaries of judges can only be reduced during a period of Financial Emergency.
The jurisdiction of a High Court can be extended to a Union Territory by:
- The CJI
- The Parliament
- The President
- The Governor
Explanation: Article 230 empowers the Parliament by law to extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union Territory.
A 'distinguished jurist' can be appointed as a judge in which court?
- High Court only
- District Courts
- Supreme Court only
- Both SC and HC
Explanation: Article 124(3)(c) allows a distinguished jurist, in the opinion of the President, to be appointed to the Supreme Court. No such provision exists for High Courts.
Who appoints the Chief Justice of India?
- The Law Minister
- The President
- The Prime Minister
- The Outgoing CJI
Explanation: The President appoints the CJI. By convention, the outgoing CJI recommends the senior-most judge of the Supreme Court to the President for appointment as the successor.
To be appointed as a High Court judge, an advocate must have practiced in a HC for at least:
- 10 years
- 15 years
- 20 years
- 5 years
Explanation: Article 217(2)(b) requires at least 10 years of practice as an advocate in a High Court or two or more such Courts in succession.
Who administers the oath of office to a Supreme Court judge?
- The CJI
- The President
- The Vice-President
- The Speaker
Explanation: Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath.
The pension of a High Court judge is charged upon:
- Consolidated Fund of India
- Consolidated Fund of the State
- Contingency Fund of India
- Public Account of the State
Explanation: Note the distinction: Salaries of HC judges are charged on the Consolidated Fund of the State, but their pensions are charged on the Consolidated Fund of India.
Which Article of the Constitution deals with the appointment of Supreme Court judges?
- Article 217
- Article 124
- Article 72
- Article 129
Explanation: Article 124(2) states that every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal 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.
A retired High Court judge can practice in:
- The SC and other High Courts except the one they retired from
- The same High Court only
- Only the Supreme Court
- Any court except the one where they were a permanent judge
Explanation: Under Article 220, a retired permanent HC judge is barred from practicing in the same HC but can practice in the Supreme Court and other High Courts.
Who was the first judge of the Supreme Court against whom removal proceedings were initiated in Parliament?
- Justice Soumitra Sen
- Justice V. Ramaswami
- Justice Dipak Misra
- Justice P.D. Dinakaran
Explanation: Removal proceedings were initiated against Justice V. Ramaswami in 1993, but the motion failed in the Lok Sabha as the ruling party abstained from voting.