UPSC Prelims Practice Questions — Collegium’s unexplained recommendations risk bad appointments, says SC judge
Q1. The Collegium for appointments to the Supreme Court came to consist of the Chief Justice of India together with the four senior-most judges of the Supreme Court by virtue of which one of the following?
- A. The judgment of the Supreme Court dated 6 October 1993 in the Second Judges Case
- B. The Memorandum of Procedure drawn up by the Department of Justice in the year 1956
- C. The advisory opinion of the Supreme Court dated 28 October 1998 on a Presidential Reference
- D. The judgment of the Supreme Court dated 30 December 1981 in the First Judges Case
Q2. Consider the following statements regarding the Three Judges Cases and their consequences:
1. In the First Judges Case (1981) the opinion of the Chief Justice of India in judicial appointments was held not to have primacy over that of the Executive.
2. In the Second Judges Case (1993) the expression 'consultation' occurring in Article 124(2) and Article 217(1) was read to mean 'concurrence'.
3. The Third Judges Case (1998) was rendered as an advisory opinion and not as a decision in an appeal.
4. Pursuant to these rulings, the Memorandum of Procedure for appointment of judges was enacted by Parliament as a statute.
Which of the statements given above is/are correct?
- In the First Judges Case (1981) the opinion of the Chief Justice of India in judicial appointments was held not to have primacy over that of the Executive.
- In the Second Judges Case (1993) the expression 'consultation' occurring in Article 124(2) and Article 217(1) was read to mean 'concurrence'.
- The Third Judges Case (1998) was rendered as an advisory opinion and not as a decision in an appeal.
- Pursuant to these rulings, the Memorandum of Procedure for appointment of judges was enacted by Parliament as a statute.
- A. 1 and 4 only
- B. 2, 3 and 4
- C. 1 and 3 only
- D. 1, 2 and 3
Q3. Under the Memorandum of Procedure followed for filling a vacancy in a High Court, the proposal for appointment is required to be initiated by whom, and at what stage?
- A. The Chief Justice of the High Court concerned, at least six months before the vacancy arises
- B. The Chief Justice of India, immediately upon the occurrence of the vacancy in that court
- C. The Governor of the State concerned, at least six months before the vacancy arises
- D. The Department of Justice, immediately upon the occurrence of the vacancy in that court
Q4. For recommending appointments to a High Court, the Supreme Court Collegium consists of the Chief Justice of India along with how many senior-most judges of the Supreme Court?
- A. One
- B. Two
- C. Three
- D. Four
Q5. Under the scheme of the National Judicial Appointments Commission Act, 2014, the two 'eminent persons' on the Commission were to be:
- A. Retired Chief Justices of India chosen by the Chief Justice of India in consultation with the four senior-most judges of the Supreme Court
- B. Persons of ability and integrity nominated by the President on the advice of the Union Minister of Law and Justice
- C. Members elected by both Houses of Parliament by proportional representation by means of a single transferable vote
- D. Persons nominated by a committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the Lok Sabha
Q6. The National Judicial Appointments Commission, as provided for by the Constitution (Ninety-ninth Amendment) Act, 2014, was to consist of how many members in all, including its Chairperson?
- A. Five
- B. Six
- C. Seven
- D. Nine
Q7. A sitting judge of the Supreme Court recently described a 'return to opacity' in the working of the Collegium. In that criticism, the expression referred to which one of the following?
- A. The withdrawal of the practice of holding Collegium consultations in the presence of the Union Minister of Law and Justice
- B. The failure of the Executive and the Judiciary to arrive at a settled Memorandum of Procedure governing appointments
- C. The absence of any reasons in the most recent resolutions by which the Collegium recommended candidates for appointment
- D. The withholding of names of candidates recommended by the Collegium until the warrant of appointment is issued
Q8. Consider the following pairs:
1. The Judicial Transparency Index — a report of the Vidhi Centre for Legal Policy under its JALDI initiative
2. Judges (Inquiry) Act, 1968 — the instrument that lays down the Memorandum of Procedure for appointment of judges
3. Supreme Court Advocates-on-Record Association v. Union of India (2015) — the judgment by which the National Judicial Appointments Commission was struck down
4. The Supreme Court (Number of Judges) Amendment Bill, 2026 — a measure to raise the number of Supreme Court judges other than the Chief Justice of India from 33 to 37
Which of the above are correctly matched?
- The Judicial Transparency Index — a report of the Vidhi Centre for Legal Policy under its JALDI initiative
- Judges (Inquiry) Act, 1968 — the instrument that lays down the Memorandum of Procedure for appointment of judges
- Supreme Court Advocates-on-Record Association v. Union of India (2015) — the judgment by which the National Judicial Appointments Commission was struck down
- The Supreme Court (Number of Judges) Amendment Bill, 2026 — a measure to raise the number of Supreme Court judges other than the Chief Justice of India from 33 to 37
- A. 1 and 2 only
- B. 1, 3 and 4
- C. 2 and 3 only
- D. 2, 3 and 4
Q9. Consider the following statements comparing the mechanisms of judicial accountability in India:
1. A notice of motion for removal of a judge requires the signatures of at least 100 members if given in the Lok Sabha, as against at least 50 members if given in the Rajya Sabha.
2. The committee constituted under the Judges (Inquiry) Act, 1968 to investigate the charges consists of a judge of the Supreme Court, a Chief Justice of a High Court and a distinguished jurist.
3. Unlike the parliamentary removal process, the in-house procedure of the Supreme Court derives its authority from an express provision of the Constitution.
Which of the statements given above is/are correct?
- A notice of motion for removal of a judge requires the signatures of at least 100 members if given in the Lok Sabha, as against at least 50 members if given in the Rajya Sabha.
- The committee constituted under the Judges (Inquiry) Act, 1968 to investigate the charges consists of a judge of the Supreme Court, a Chief Justice of a High Court and a distinguished jurist.
- Unlike the parliamentary removal process, the in-house procedure of the Supreme Court derives its authority from an express provision of the Constitution.
- A. 1 only
- B. 1 and 2 only
- C. 2 and 3 only
- D. 1, 2 and 3