UPSC Prelims Practice Questions — A recusal test the Delhi High Court failed
Q1. In the context of judicial recusal, the 'reasonable apprehension of bias' test is best described as which one of the following?
- A. A judge must recuse only when actual, proven bias is established through evidence
- B. A judge must recuse when a fair-minded, reasonable person would apprehend that the judge might not be impartial
- C. A judge must recuse whenever any party to the case demands recusal
- D. A judge must recuse only if directed to do so by a superior court
Q2. With reference to the recusal episode before the Delhi High Court in the CBI vs. Kuldeep Singh and Ors. matter, consider the following statements: 1. The plea before the High Court was the CBI's revision petition against the discharge of the accused. 2. Justice Swarana Kanta Sharma ultimately recused herself and the matter was ordered to be placed before another bench. 3. The Delhi trial court had discharged Kejriwal, Sisodia and other co-accused before the CBI approached the High Court. 4. It was the Enforcement Directorate, not the CBI, whose plea was pending before the High Court. Which of the statements given above is/are correct?
- The plea before the High Court was the CBI's revision petition against the discharge of the accused.
- Justice Swarana Kanta Sharma ultimately recused herself and the matter was ordered to be placed before another bench.
- The Delhi trial court had discharged Kejriwal, Sisodia and other co-accused before the CBI approached the High Court.
- It was the Enforcement Directorate, not the CBI, whose plea was pending before the High Court.
- A. 1, 2 and 3
- B. 1 and 4 only
- C. 2 and 3 only
- D. 1, 2, 3 and 4
Q3. The plea challenging the discharge of the accused (CBI vs. Kuldeep Singh and Ors.) that was pending before the Delhi High Court when the recusal controversy arose was filed by which one of the following agencies?
- A. Enforcement Directorate
- B. Central Bureau of Investigation
- C. Delhi Police Economic Offences Wing
- D. Serious Fraud Investigation Office
Q4. The CBI probe into the Delhi excise policy was ordered in July 2022 on the recommendation of which one of the following authorities?
- A. The Chief Minister of Delhi
- B. The Lieutenant Governor of Delhi
- C. The Delhi High Court
- D. The Comptroller and Auditor General of India
Q5. In the Delhi excise policy case, the arrest of Arvind Kejriwal in March 2024 was made exclusively by which one of the following agencies?
- A. Central Bureau of Investigation
- B. Enforcement Directorate
- C. Delhi Police
- D. Income Tax Department
Q6. Consider the following statements regarding the appointment and removal of High Court judges in India: 1. A High Court judge is appointed by the President of India. 2. A High Court judge holds office until the age of 62 years. 3. A High Court judge can be removed by the President following an address by both Houses of Parliament. 4. A High Court judge can be removed by the Governor of the concerned State on the ground of proved misbehaviour. Which of the above statements is/are NOT correct?
- A High Court judge is appointed by the President of India.
- A High Court judge holds office until the age of 62 years.
- A High Court judge can be removed by the President following an address by both Houses of Parliament.
- A High Court judge can be removed by the Governor of the concerned State on the ground of proved misbehaviour.
- A. 1 and 2
- B. 3 only
- C. 4 only
- D. 2 and 4
Q7. Consider the following statements comparing High Court judges with Supreme Court judges: 1. A High Court judge retires at 62 years, whereas a Supreme Court judge retires at 65 years. 2. The removal procedure for a High Court judge is the same as that for a Supreme Court judge, by virtue of Article 218 read with Article 124(4). 3. Unlike a Supreme Court judge, a High Court judge can never be removed on the ground of proved misbehaviour. Which of the statements given above is/are correct?
- A High Court judge retires at 62 years, whereas a Supreme Court judge retires at 65 years.
- The removal procedure for a High Court judge is the same as that for a Supreme Court judge, by virtue of Article 218 read with Article 124(4).
- Unlike a Supreme Court judge, a High Court judge can never be removed on the ground of proved misbehaviour.
- A. 1 only
- B. 1 and 2 only
- C. 2 and 3 only
- D. 1, 2 and 3
Q8. With reference to the Contempt of Courts Act, 1971, consider the following: 1. Wilful disobedience of a court order constitutes civil contempt. 2. Scandalising the court constitutes criminal contempt. 3. Prejudicing any judicial proceeding constitutes criminal contempt. 4. Fair and accurate reporting of judicial proceedings constitutes criminal contempt. Which of the above is/are NOT correct?
- Wilful disobedience of a court order constitutes civil contempt.
- Scandalising the court constitutes criminal contempt.
- Prejudicing any judicial proceeding constitutes criminal contempt.
- Fair and accurate reporting of judicial proceedings constitutes criminal contempt.
- A. 1 and 2
- B. 3 only
- C. 4 only
- D. 2, 3 and 4
Q9. In the principles of natural justice, the maxim 'audi alteram partem' refers to which one of the following?
- A. No one shall be a judge in his own cause
- B. No person shall be dealt with to his disadvantage without adequate notice and an opportunity to defend himself
- C. Justice must not only be done but must be seen to be done
- D. No penalty may be imposed except under a valid law
Q10. Which one of the following is regarded as the foundational (primary) maxim underlying the rule against bias, the principle central to judicial recusal in India?
- A. Audi alteram partem
- B. Nemo judex in causa sua
- C. Res judicata
- D. Stare decisis
Q11. The Central Bureau of Investigation (CBI) derives its powers solely from which one of the following?
- A. The Central Bureau of Investigation Act, 2013
- B. The Delhi Special Police Establishment Act, 1946
- C. The Code of Criminal Procedure, 1973
- D. The National Investigation Agency Act, 2008