UPSC Prelims Practice Questions — End the culture of secrecy in judicial appointments

Q1. Consider the following statements comparing the three 'Judges Cases' that shaped the appointment of Judges to the higher judiciary in India: 1. In the First Judges Case (1981), the expression 'consultation' in Articles 124 and 217 was held not to mean 'concurrence', leaving primacy in appointments with the Executive. 2. The Second Judges Case (1993) shifted primacy to the collective opinion of the Chief Justice of India and senior Judges, and simultaneously constituted the Supreme Court collegium in its present five-member form. 3. The Third Judges Case (1998) arose out of a Presidential Reference and expanded the Supreme Court collegium to the Chief Justice of India and the four senior-most Judges of the Supreme Court. Which of the statements given above is/are correct?

  1. In the First Judges Case (1981), the expression 'consultation' in Articles 124 and 217 was held not to mean 'concurrence', leaving primacy in appointments with the Executive.
  2. The Second Judges Case (1993) shifted primacy to the collective opinion of the Chief Justice of India and senior Judges, and simultaneously constituted the Supreme Court collegium in its present five-member form.
  3. The Third Judges Case (1998) arose out of a Presidential Reference and expanded the Supreme Court collegium to the Chief Justice of India and the four senior-most Judges of the Supreme Court.
  • A. 1 and 2 only
  • B. 2 and 3 only
  • C. 1 and 3 only
  • D. 1, 2 and 3

Q2. As settled by the later Judges Cases, the requirement of 'consultation' in Article 124(2) and Article 217(1) of the Constitution now carries which one of the following meanings?

  • A. An opinion of the Chief Justice of India that the President is bound to obtain, but from which the President may depart by recording reasons in writing
  • B. A recommendation made by the Full Court of the Supreme Court sitting together, to which the President must ordinarily defer in the absence of disqualification
  • C. The collective opinion of the Chief Justice of India and his senior colleagues, which has the character of concurrence and binds the President
  • D. Individual consultation by the President with such Judges of the Supreme Court and High Courts as he deems necessary, the view of the Chief Justice of India carrying no special weight

Q3. Under the National Judicial Appointments Commission scheme of 2014, the two 'eminent persons' on the Commission were to be nominated by a committee consisting of which one of the following?

  • A. The President of India, the Chief Justice of India and the Union Minister of Law and Justice
  • B. The Prime Minister, the Chief Justice of India and the Leader of the Opposition in the Lok Sabha
  • C. The Prime Minister, the Union Minister of Law and Justice and the Leader of the Opposition in the Rajya Sabha
  • D. The Chief Justice of India, the Speaker of the Lok Sabha and the Leader of the Opposition in the Lok Sabha

Q4. Consider the following statements contrasting the National Judicial Appointments Commission (NJAC) with the collegium system it sought to replace: 1. The NJAC was to be a six-member body, of which three members were to be serving Judges of the Supreme Court. 2. Unlike the collegium, which owes its existence to judicial decisions alone, the NJAC was to enjoy express constitutional status through newly inserted Articles 124A to 124C. 3. In 2015 the Supreme Court struck down the Constitution (99th Amendment) Act, 2014 for failing to secure the primacy of the judiciary in appointments, but upheld the National Judicial Appointments Commission Act, 2014 as a valid statute. Which of the statements given above is/are correct?

  1. The NJAC was to be a six-member body, of which three members were to be serving Judges of the Supreme Court.
  2. Unlike the collegium, which owes its existence to judicial decisions alone, the NJAC was to enjoy express constitutional status through newly inserted Articles 124A to 124C.
  3. In 2015 the Supreme Court struck down the Constitution (99th Amendment) Act, 2014 for failing to secure the primacy of the judiciary in appointments, but upheld the National Judicial Appointments Commission Act, 2014 as a valid statute.
  • A. 1 and 2 only
  • B. 1 and 3 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q5. With reference to the collegium at the Supreme Court level that considers recommendations for appointment of Judges to the High Courts, which one of the following statements is correct?

  • A. It consists of the Chief Justice of India and the four senior-most Judges of the Supreme Court, exactly as for Supreme Court appointments
  • B. It is headed by the Chief Justice of the High Court concerned, whose recommendation is final and binding on the Union Government in all cases
  • C. It consists of the Chief Justice of India alone, every other Judge of the Supreme Court having only an advisory role at all stages
  • D. It consists of the Chief Justice of India and the two senior-most Judges of the Supreme Court

Q6. Consider the following statements regarding the working of the collegium system in India: 1. A proposal for appointment of a Judge of a High Court is initiated by the Chief Justice of that High Court in consultation with its two senior-most Judges. 2. The Union Government cannot appoint as a Judge of a High Court any person who has not been recommended by the High Court collegium and the Supreme Court collegium. 3. Unlike a recommendation for appointment to the Supreme Court, a recommendation initiated at the High Court level travels directly to the President without being considered by the Supreme Court collegium. Which of the statements given above is/are correct?

  1. A proposal for appointment of a Judge of a High Court is initiated by the Chief Justice of that High Court in consultation with its two senior-most Judges.
  2. The Union Government cannot appoint as a Judge of a High Court any person who has not been recommended by the High Court collegium and the Supreme Court collegium.
  3. Unlike a recommendation for appointment to the Supreme Court, a recommendation initiated at the High Court level travels directly to the President without being considered by the Supreme Court collegium.
  • A. 1 only
  • B. 1 and 2 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q7. Under Article 124(3) of the Constitution, a person who has been a Judge of a High Court is qualified for appointment as a Judge of the Supreme Court only if he has held that office for a minimum of how many years?

  • A. Three years
  • B. Five years
  • C. Seven years
  • D. Ten years

Q8. Consider the following statements about the constitutional provisions governing appointment and tenure of Judges of the higher judiciary: 1. Under Article 217(1), a Judge of a High Court is appointed by the President after consultation with the Chief Justice of India, the Chief Minister of the State and the Chief Justice of that High Court. 2. Under Article 124(2), a Judge of the Supreme Court is appointed by the President after consultation with such Judges of the Supreme Court and of the High Courts as the President may deem necessary, the Chief Justice of India always being consulted for the appointment of a Judge other than the Chief Justice of India. 3. A Judge of the Supreme Court holds office until the age of sixty-five years, whereas a Judge of a High Court holds office until the age of sixty-two years. Which of the statements given above is/are correct?

  1. Under Article 217(1), a Judge of a High Court is appointed by the President after consultation with the Chief Justice of India, the Chief Minister of the State and the Chief Justice of that High Court.
  2. Under Article 124(2), a Judge of the Supreme Court is appointed by the President after consultation with such Judges of the Supreme Court and of the High Courts as the President may deem necessary, the Chief Justice of India always being consulted for the appointment of a Judge other than the Chief Justice of India.
  3. A Judge of the Supreme Court holds office until the age of sixty-five years, whereas a Judge of a High Court holds office until the age of sixty-two years.
  • A. 1 and 2 only
  • B. 1 and 3 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q9. In 2026, a sitting Judge of the Supreme Court publicly linked the subjectivity of collegium assessment to the poor representation of women in the higher judiciary. Which one of the following is the nodal Union Government department that processes collegium recommendations for appointment of Judges of the Supreme Court and the High Courts?

  • A. The Legislative Department in the Ministry of Law and Justice
  • B. The Department of Legal Affairs in the Ministry of Law and Justice
  • C. The Department of Justice in the Ministry of Law and Justice
  • D. The Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pensions

Q10. Critics of the opacity of the collegium system have identified specific aspects of the higher judicial appointments process that ought to be placed in the public domain. Consider the following: 1. The eligibility criteria applied to candidates 2. The number of vacancies to be filled 3. The manner in which the merit of candidates is evaluated 4. The individual vote cast by each collegium member on every name considered Which of the above is/are correctly identified?

  1. The eligibility criteria applied to candidates
  2. The number of vacancies to be filled
  3. The manner in which the merit of candidates is evaluated
  4. The individual vote cast by each collegium member on every name considered
  • A. 1 and 3 only
  • B. 2 and 4 only
  • C. 1, 2 and 3 only
  • D. 1, 2, 3 and 4

Q11. Consider the following statements regarding mechanisms for appointing judges in select countries: 1. In the United States, Judges of the Supreme Court are nominated by the President and confirmed by the Senate. 2. In South Africa, judges are appointed by the President on the advice of a Judicial Service Commission which publicly notifies vacancies and invites applications and nominations. 3. In the United Kingdom, appointments to the Supreme Court are made through a selection commission, and appointments by the Judicial Appointments Commission are subject to the approval of the Lord Chancellor. 4. In France, judges are appointed by the President of the Republic on proposals made by the Bundesrat. Which of the statements given above is/are NOT correct?

  1. In the United States, Judges of the Supreme Court are nominated by the President and confirmed by the Senate.
  2. In South Africa, judges are appointed by the President on the advice of a Judicial Service Commission which publicly notifies vacancies and invites applications and nominations.
  3. In the United Kingdom, appointments to the Supreme Court are made through a selection commission, and appointments by the Judicial Appointments Commission are subject to the approval of the Lord Chancellor.
  4. In France, judges are appointed by the President of the Republic on proposals made by the Bundesrat.
  • A. 4 only
  • B. 2 and 4
  • C. 3 and 4
  • D. 1 and 3