UPSC Prelims Practice Questions — India’s Parliament must not stage its Cadaver Synod
Q1. Under the procedure for removal of a judge, what is the minimum number of members of the Rajya Sabha who must give a signed notice of a motion to the Chairman for it to be entertained?
Q2. Consider the following statements about the constitutional provisions governing removal of judges:
1. Article 124(4) provides for removal of a Supreme Court judge on the ground of proved misbehaviour or incapacity.
2. Article 124(5) empowers Parliament to regulate by law the procedure for the investigation and proof of misbehaviour or incapacity.
3. Article 218 makes the provisions relating to removal of Supreme Court judges applicable to judges of a High Court.
4. Article 143 prescribes the special majority required in each House to adopt a removal motion.
Which of the above is/are NOT correct?
- Article 124(4) provides for removal of a Supreme Court judge on the ground of proved misbehaviour or incapacity.
- Article 124(5) empowers Parliament to regulate by law the procedure for the investigation and proof of misbehaviour or incapacity.
- Article 218 makes the provisions relating to removal of Supreme Court judges applicable to judges of a High Court.
- Article 143 prescribes the special majority required in each House to adopt a removal motion.
- A. 1 only
- B. 2 and 3
- C. 4 only
- D. 3 and 4
Q3. The removal of a judge of a High Court is effected in the same manner and on the same grounds as a judge of the Supreme Court by virtue of which one of the following constitutional provisions?
- A. Article 218
- B. Article 217
- C. Article 222
- D. Article 224
Q4. Against which judge was the first-ever impeachment (removal) motion moved in Parliament in independent India?
- A. Justice V. Ramaswami
- B. Justice Soumitra Sen
- C. Justice C. V. Nagarjuna Reddy
- D. Justice Dipak Misra
Q5. Consider the following statements distinguishing the judiciary's 'in-house procedure' from the statutory removal mechanism:
1. The in-house procedure is an internal judicial mechanism without statutory basis.
2. The formal, statutory process for removal culminating in Parliamentary action is provided by the Judges (Inquiry) Act, 1968.
3. Under the in-house procedure, an option available against an erring judge is to advise the judge to resign or to recommend that removal proceedings be initiated.
4. The in-house procedure can by itself remove a judge from office.
Which of the above is/are NOT correct?
- The in-house procedure is an internal judicial mechanism without statutory basis.
- The formal, statutory process for removal culminating in Parliamentary action is provided by the Judges (Inquiry) Act, 1968.
- Under the in-house procedure, an option available against an erring judge is to advise the judge to resign or to recommend that removal proceedings be initiated.
- The in-house procedure can by itself remove a judge from office.
- A. 4 only
- B. 1 and 4
- C. 2 only
- D. 3 and 4
Q6. In the constitutional scheme for removal of a judge, which single authority alone issues the final order actually removing the judge from office?
- A. The President of India
- B. The Chief Justice of India
- C. The Speaker of the Lok Sabha
- D. The inquiry committee under the Judges (Inquiry) Act
Q7. With reference to the 2025 removal motion against Justice Yashwant Varma, consider the following statements:
1. The notice in the Lok Sabha was signed by 152 members.
2. A separate notice was also submitted in the Rajya Sabha.
3. Under the Judges (Inquiry) Act, an inquiry committee can be constituted only after the motion is admitted in both Houses.
4. At the time, Justice Varma was a sitting judge of the Supreme Court of India.
Which of the above is/are correctly identified?
- The notice in the Lok Sabha was signed by 152 members.
- A separate notice was also submitted in the Rajya Sabha.
- Under the Judges (Inquiry) Act, an inquiry committee can be constituted only after the motion is admitted in both Houses.
- At the time, Justice Varma was a sitting judge of the Supreme Court of India.
- A. 1, 2 and 3
- B. 1, 3 and 4
- C. 2 and 4 only
- D. 1, 2, 3 and 4
Q8. The 2025 removal motion against Justice Yashwant Varma may be contrasted with earlier episodes. Consider the following statements:
1. Unlike the 2018 notice against CJI Dipak Misra, which was rejected at the admission stage, the 2025 notice against Justice Varma was a bipartisan effort drawing support across benches.
2. Unlike Justice Soumitra Sen's case, which originated in the Rajya Sabha, the principal 2025 notice against Justice Varma was submitted in the Lok Sabha.
3. The 2025 motion concerned a sitting Supreme Court judge, whereas the Ramaswami motion concerned a High Court judge.
Which of the statements given above is/are correct?
- Unlike the 2018 notice against CJI Dipak Misra, which was rejected at the admission stage, the 2025 notice against Justice Varma was a bipartisan effort drawing support across benches.
- Unlike Justice Soumitra Sen's case, which originated in the Rajya Sabha, the principal 2025 notice against Justice Varma was submitted in the Lok Sabha.
- The 2025 motion concerned a sitting Supreme Court judge, whereas the Ramaswami motion concerned a High Court judge.
- A. 1 only
- B. 1 and 2 only
- C. 2 and 3 only
- D. 1, 2 and 3
Q9. With reference to mechanisms for removing judges in other democracies, consider the following statements:
1. In the United States, federal judges are removed through impeachment by the House of Representatives and conviction by at least a two-thirds vote of the Senate.
2. US federal judges hold office 'during good behaviour'.
3. In the United Kingdom, judicial impeachment has not been resorted to since 1806.
4. In the United States, the President has the sole power to remove a federal judge by executive order.
Which of the above is/are correctly identified?
- In the United States, federal judges are removed through impeachment by the House of Representatives and conviction by at least a two-thirds vote of the Senate.
- US federal judges hold office 'during good behaviour'.
- In the United Kingdom, judicial impeachment has not been resorted to since 1806.
- In the United States, the President has the sole power to remove a federal judge by executive order.
- A. 1, 2 and 3
- B. 1 and 4 only
- C. 2, 3 and 4
- D. 1, 2, 3 and 4
Q10. With reference to the historical 'Cadaver Synod', consider the following statements:
1. It was a posthumous trial in which the exhumed corpse of Pope Formosus was put in the dock.
2. The trial was convened by Pope Stephen VI (VII), a political adversary of Formosus.
3. Formosus was acquitted and his papal acts were solemnly upheld by the synod.
Which of the statements given above is/are correct?
- It was a posthumous trial in which the exhumed corpse of Pope Formosus was put in the dock.
- The trial was convened by Pope Stephen VI (VII), a political adversary of Formosus.
- Formosus was acquitted and his papal acts were solemnly upheld by the synod.
- A. 1 and 2 only
- B. 1 only
- C. 2 and 3 only
- D. 1, 2 and 3