11 September Static Quiz 2021
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11 September Static Quiz 2021 for UPSC Prelims
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- Question 1 of 5
1. Question
Which of the following statements about National Judicial Appointments Commission Act 2014 (NJAC) are correct?
1. The 1993 judgment was the basis on which a five-judge Constitution Bench declared the National Judicial Appointments Commission Act
2. The Commission was established by amending the Constituion of india through the ninety-eighth constitution amendment
3. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.CorrectAns;- C
Explanation;-
About National Judicial Appointment Commission Act, 2014
• The 1993 judgment was the basis on which a five-judge Constitution Bench declared the National Judicial Appointments Commission Act (NJAC) and the Constitutional (Ninety-Nine Amendment) Act, 2014 unconstitutional in October 2015.
• NJAC too would recommend names for the Appointment of Supreme Court Judge and Appointment and Transfer of High Court Judge
• Composition of NJAC
• The Chief Justice of India
• 2 senior-most judges of the Supreme Court
• The Law Minister of India
• 2 eminent members that are chosen by the Selection CommitteeIncorrectAns;- C
Explanation;-
About National Judicial Appointment Commission Act, 2014
• The 1993 judgment was the basis on which a five-judge Constitution Bench declared the National Judicial Appointments Commission Act (NJAC) and the Constitutional (Ninety-Nine Amendment) Act, 2014 unconstitutional in October 2015.
• NJAC too would recommend names for the Appointment of Supreme Court Judge and Appointment and Transfer of High Court Judge
• Composition of NJAC
• The Chief Justice of India
• 2 senior-most judges of the Supreme Court
• The Law Minister of India
• 2 eminent members that are chosen by the Selection Committee - Question 2 of 5
2. Question
Which of the following statements are correct related to appointment of supreme court judges?
1. Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand .
2. The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.
3. This discretion of the government was curtailed by the Supreme Court in the third Judges Case (1993), in which the Supreme Court ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the Chief Justice of India.CorrectAns;- a) Only 1 and 2
Explanation;-
• All the statements are correct.
Appointment of Judges
• The judges of the Supreme Court are appointed by the President. The CJI is appointed by the President after consultation with such judges of the Supreme Court and high courts as he deems necessary.
• The other judges are appointed by the President after consultation with the CJI and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.
• Appointment of Chief Justice From 1950 to 1973: The practice has been to appoint the senior most judge of the Supreme Court as the chief justice of India.
• This established convention was violated in 1973 when A N Ray was appointed as the Chief Justice of India by superseding three senior judges.
• Again in 1977, M U Beg was appointed as the chief justice of India by superseding the then senior-most judge.
• This discretion of the government was curtailed by the Supreme Court in the Second Judges Case (1993), in which the Supreme Court ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the Chief Justice of India.IncorrectAns;- a) Only 1 and 2
Explanation;-
• All the statements are correct.
Appointment of Judges
• The judges of the Supreme Court are appointed by the President. The CJI is appointed by the President after consultation with such judges of the Supreme Court and high courts as he deems necessary.
• The other judges are appointed by the President after consultation with the CJI and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.
• Appointment of Chief Justice From 1950 to 1973: The practice has been to appoint the senior most judge of the Supreme Court as the chief justice of India.
• This established convention was violated in 1973 when A N Ray was appointed as the Chief Justice of India by superseding three senior judges.
• Again in 1977, M U Beg was appointed as the chief justice of India by superseding the then senior-most judge.
• This discretion of the government was curtailed by the Supreme Court in the Second Judges Case (1993), in which the Supreme Court ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the Chief Justice of India. - Question 3 of 5
3. Question
Which of the following statements about Collegium system are correct?
1. Collegium system was born through “two judges case”
2. It is used for appointments and transfers of judges in High courts and Supreme Courts.
3. There is mention of the Collegium in the original Constitution of IndiaCorrectAns;- a) Only 1
About Collegium System
• Collegium system was born through “two judges case” and it is in practice since 1998.
• Collegium appoints SC judges and appoints and transfers HC judges .
• There is no mention of the Collegium either in the original Constitution of India or in successive amendmentsAbout Working of Collegium System and NJAC
• The collegium recommends of the names of lawyers or judges to the Central Government. Similarly, the Central Government also sends some of its proposed names to the Collegium.
• Collegium considers the names or suggestions made by the Central Government and resends the file to the government for final approval.
• If the Collegium resends the same name again then the government has to give its assent to the names. But time limit is not fixed to reply. This is the reason that appointment of judges takes a long time.
• Through the 99th Constitutional Amendment Act, 2014 the National Judicial Commission Act (NJAC) was established to replace the collegium system for the appointment of judges.
• However, the Supreme Court upheld the collegium system and struck down the NJAC as unconstitutional on the grounds that the involvement of Political Executive in judicial appointment was against the “Principles of Basic Structure”. I.e. the “Independence of Judiciary”.IncorrectAns;- a) Only 1
About Collegium System
• Collegium system was born through “two judges case” and it is in practice since 1998.
• Collegium appoints SC judges and appoints and transfers HC judges .
• There is no mention of the Collegium either in the original Constitution of India or in successive amendmentsAbout Working of Collegium System and NJAC
• The collegium recommends of the names of lawyers or judges to the Central Government. Similarly, the Central Government also sends some of its proposed names to the Collegium.
• Collegium considers the names or suggestions made by the Central Government and resends the file to the government for final approval.
• If the Collegium resends the same name again then the government has to give its assent to the names. But time limit is not fixed to reply. This is the reason that appointment of judges takes a long time.
• Through the 99th Constitutional Amendment Act, 2014 the National Judicial Commission Act (NJAC) was established to replace the collegium system for the appointment of judges.
• However, the Supreme Court upheld the collegium system and struck down the NJAC as unconstitutional on the grounds that the involvement of Political Executive in judicial appointment was against the “Principles of Basic Structure”. I.e. the “Independence of Judiciary”. - Question 4 of 5
4. Question
Which of the following statements are correct about the qualifications of SC judges ?
1. He should be a citizen of India.
2. He should be a distinguished jurist in the opinion of the president.
3. The Constitution has prescribed a minimum age for appointment as a judge of the Supreme Court.CorrectAns;- b) Only 1 and 2
Explanation;-
About Qualifications of Judges
• A person to be appointed as a judge of the Supreme Court should have the following qualifications:
• He should be a citizen of India.
• He should have been a judge of a High Court (or high courts in succession) for five years; or
• He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
• He should be a distinguished jurist in the opinion of the president.
• The Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.IncorrectAns;- b) Only 1 and 2
Explanation;-
About Qualifications of Judges
• A person to be appointed as a judge of the Supreme Court should have the following qualifications:
• He should be a citizen of India.
• He should have been a judge of a High Court (or high courts in succession) for five years; or
• He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
• He should be a distinguished jurist in the opinion of the president.
• The Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court. - Question 5 of 5
5. Question
Which of the following statements are correct about Jurisdiction and Powers of Supreme Court?
1. As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation in original jurisdiction
2. The writ jurisdiction of the Supreme Court is not exclusive.
3. The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts w.r.t to appellate jurisdictionCorrectAns;- d) All of the above
Explanation;-
About Jurisdiction and Powers of Supreme Court
About Original Jurisdiction
• As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation. More elaborately, any dispute between:
• the Centre and one or more states; or
• the Centre and any state or states on one side and one or more states on the other; or
• between two or more states.
• In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
• Further, this jurisdiction of the Supreme Court does not extend to the following:
• A dispute arising out of any pre-Constitution treaty, agreement, covenant,
• engagement, sanad or other similar instrument.
• A dispute arising out of any treaty, agreement, etc.,which specifically provides that the said jurisdiction does not extent to such a dispute.
• Inter-state water disputes.
• Matters referred to the Finance Commission.
• Adjustment of certain expenses and pensions between the Centre and the states.
• Ordinary dispute of Commercial nature between the Centre and the states.
• Recovery of damages by a state against the Centre.About Writ Jurisdiction
• The Supreme Court is empowered to issue writs, including habeas corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
• In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can go directly to the Supreme Court, not necessarily by way of appeal.
• However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts are also empowered to issue writs for the enforcement of the Fundamental Rights.About Appellate Jurisdiction
• The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts.
• It enjoys a wide appellate jurisdiction which can be classified under four heads:
1. Appeals in constitutional matters
2. Appeals in civil matters
3. Appeals in criminal matters
4. Appeals by special leaveAbout Advisory Jurisdiction
• The Constitution under Article 143 authorizes the President to seek the opinion of the Supreme Court in the two categories of matters:
• On any question of law or fact of public importance which has arisen or which is likely to arise.
• On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar instruments.IncorrectAns;- d) All of the above
Explanation;-
About Jurisdiction and Powers of Supreme Court
About Original Jurisdiction
• As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation. More elaborately, any dispute between:
• the Centre and one or more states; or
• the Centre and any state or states on one side and one or more states on the other; or
• between two or more states.
• In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
• Further, this jurisdiction of the Supreme Court does not extend to the following:
• A dispute arising out of any pre-Constitution treaty, agreement, covenant,
• engagement, sanad or other similar instrument.
• A dispute arising out of any treaty, agreement, etc.,which specifically provides that the said jurisdiction does not extent to such a dispute.
• Inter-state water disputes.
• Matters referred to the Finance Commission.
• Adjustment of certain expenses and pensions between the Centre and the states.
• Ordinary dispute of Commercial nature between the Centre and the states.
• Recovery of damages by a state against the Centre.About Writ Jurisdiction
• The Supreme Court is empowered to issue writs, including habeas corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
• In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can go directly to the Supreme Court, not necessarily by way of appeal.
• However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts are also empowered to issue writs for the enforcement of the Fundamental Rights.About Appellate Jurisdiction
• The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts.
• It enjoys a wide appellate jurisdiction which can be classified under four heads:
1. Appeals in constitutional matters
2. Appeals in civil matters
3. Appeals in criminal matters
4. Appeals by special leaveAbout Advisory Jurisdiction
• The Constitution under Article 143 authorizes the President to seek the opinion of the Supreme Court in the two categories of matters:
• On any question of law or fact of public importance which has arisen or which is likely to arise.
• On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar instruments.
