UPSC Prelims Practice Questions — Concerns over the collegium system

Q1. With reference to the text of the Constitution of India on appointing judges of the Supreme Court, consider the following statements: Which of the statements given above is/are correct?

  1. The President may consult judges of the High Courts, and not only judges of the Supreme Court, before appointing a Supreme Court judge.
  2. Article 124 uses the term 'collegium' for the body of senior judges whom the President must consult.
  3. The constitutional text makes the concurrence of the Chief Justice of India a precondition for appointing a judge of the Supreme Court.
  • A. 1 only
  • B. 2 and 3 only
  • C. 1, 2 and 3
  • D. 1 and 3 only

Q2. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. Although the Constitution nowhere mentions a 'collegium', in practice the recommendations of a body of senior judges decide who is appointed to the higher judiciary.
  2. The Supreme Court read the requirement of 'consultation' in Articles 124 and 217 as giving primacy to the judiciary's opinion, in effect treating it as concurrence.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q3. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. The Constitution (Ninety-ninth Amendment) Act, 2014 was invalidated by the Supreme Court even though Parliament had enacted it through the procedure for amending the Constitution.
  2. The Supreme Court held that Parliament has no power to amend any provision of the Constitution relating to the judiciary.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q4. With reference to the design of the National Judicial Appointments Commission (NJAC) proposed in 2014, consider the following statements: Which of the statements given above are correct?

  1. The judicial members would not by themselves have formed a majority of the Commission.
  2. Since any two members could block a recommendation, the two eminent persons acting together could have blocked a candidate supported by all the judicial members.
  3. The eminent persons were to be nominated by a committee that included the Prime Minister and the Leader of Opposition in the Lok Sabha.
  4. The Union Minister of Law and Justice was to chair the Commission.
  • A. 1, 2, 3 and 4
  • B. 1, 2 and 3 only
  • C. 2 and 3 only
  • D. 1 and 4 only

Q5. Consider the following statements regarding provisions on the higher judiciary in the Constitution of India: Which of the statements given above is/are correct?

  1. The President may transfer a judge from one High Court to another after consultation with the Chief Justice of India.
  2. A retired judge who is requested to sit and act as a judge of a High Court is constitutionally bound to accept the request.
  3. When the office of the Chief Justice of India is vacant, the President appoints one of the other Supreme Court judges to perform the duties of that office.
  • A. 1 and 2 only
  • B. 1, 2 and 3
  • C. 2 and 3 only
  • D. 1 and 3 only

Q6. Consider the following facts: (i) Articles 124 and 217 provide that the President appoints judges after 'consultation' with the judiciary, and the operative wording of these provisions has not changed in this respect. (ii) Until the 1980s, the executive appointed judges after consulting the judiciary. (iii) In 1993, the Supreme Court read 'consultation' as giving primacy to the judiciary's opinion, and the collegium emerged. (iv) In 1998, an advisory opinion of the Supreme Court enlarged the Supreme Court collegium. Which of the following inferences can be drawn from the above facts?

  1. Since 1993, the President has had no role in the appointment of judges to the higher judiciary.
  2. The balance between the executive and the judiciary over appointments shifted through judicial interpretation rather than through a change in constitutional text.
  3. The composition of the collegium can be changed by a judicial pronouncement without any constitutional amendment.
  • A. 3 only
  • B. 1 and 2 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q7. Consider the following assertion: Seeking the Union Government's informal 'pre-approval' of names before the collegium deliberates weakens the autonomy of the judiciary in appointments. Which of the statements given above support/supports the assertion?

  1. Under the post-1993 framework, the judiciary's opinion is meant to have primacy, which presupposes that it is formed independently of the executive.
  2. While striking down the NJAC, the Supreme Court reasoned that executive involvement in judicial appointments impinges upon the independence of the judiciary.
  3. The Constitution vests the formal act of appointing judges in the President, by warrant under hand and seal.
  • A. 1 and 2 only
  • B. 2 and 3 only
  • C. 1 only
  • D. 1, 2 and 3

Q8. With reference to the present process for appointing and transferring High Court judges under the Memorandum of Procedure, consider the following statements: Which of the statements given above are correct?

  1. The recommendations of the High Court Collegium, along with the views of the State Government and the Government of India, are forwarded to the Supreme Court Collegium for advice.
  2. Only those persons whose names have been recommended by the Supreme Court Collegium are appointed as High Court judges.
  3. Proposals to transfer High Court judges are initiated by the Union Government, which then seeks the CJI's views.
  4. While proposing a transfer, the CJI is expected to take into account the views of the Chief Justices of both High Courts concerned.
  • A. 2, 3 and 4 only
  • B. 1, 2 and 4 only
  • C. 1, 2, 3 and 4
  • D. 1 and 3 only