36.Judiciary 2

Question 1

What is the role of the Collegium?

Answer 1

The Collegium practically does the appointment and transfer of judges.

Question 2

How did the Collegium system evolve?

Answer 2

The Collegium system has evolved through judgments of the Supreme Court.

Question 3

Why was the Collegium system established?

Answer 3

The Collegium system was established to maintain the separation of powers and take away the power of Parliament to appoint judges.

Question 4

What does the Collegium do in relation to judges’ appointments?

Answer 4

The Collegium prepares the list of judges to be appointed to the Supreme Court and High Court.

Question 5

Who makes the decision on the appointment of judges?

Answer 5

The decision on the names of judges is taken by the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court on a consensus basis.

Question 6

How is the seniority of judges determined?

Answer 6

There is no provision in the Constitution to decide on seniority, so it is determined based on the date of joining the court.

Question 7

What governs the appointment of the Chief Justice of India (CJI) and judges of the Supreme Court?

Answer 7

The appointment of the CJI and judges of the apex court is governed by a Memorandum of Procedure.

Question 8

Who appoints the Chief Justice of India (CJI) and judges of the Supreme Court?

Answer 8

The President appoints the CJI and judges of the Supreme Court under clause (2) of Article 124 of the Constitution.

Question 9

How is the Chief Justice of India (CJI) selected?

Answer 9

The appointment to the office of the CJI should be of the senior-most judge of the Supreme Court considered fit to hold the office.

Question 10

What role does the Union Law Minister play in the appointment process?

Answer 10

The Union Law Minister would, at an “appropriate time,” seek the recommendation of the outgoing CJI on his successor.

Question 11

Who advises the President on the appointment of the Chief Justice of India (CJI)?

Answer 11

Once the CJI recommends a successor, the Law Minister forwards the communication to the Prime Minister, who advises the President on the appointment.

Question 12

How does the appointment process work for Supreme Court judges?

Answer 12

In the case of an appointment of a Supreme Court judge, when a vacancy is expected to arise, the collegium recommends a candidate to the Union Law Minister.

Question 13

What happens after the collegium recommends a candidate for a Supreme Court judge’s appointment?

Answer 13

After the receipt of the Collegium recommendation, the Law Minister forwards it to the Prime Minister, who advises the President in the matter of appointment.

Question 14

What does the term “consultation” with the Chief Justice of India (CJI) require?

Answer 14

The term “consultation” with the CJI requires consultation with a plurality of judges in the formation of the CJI’s opinion.

Question 15

Does the sole, individual opinion of the Chief Justice of India (CJI) constitute consultation?

Answer 15

No, the sole, individual opinion of the CJI does not constitute consultation.

Question 16

With whom can the Chief Justice of India (CJI) make recommendations for the appointment of a Supreme Court judge or the transfer of a Chief Justice/puisne judge of a High Court?

Answer 16

The CJI can make recommendations in consultation with the four senior-most judges of the Supreme Court.

Question 17

How does the consultation process work for recommendations regarding High Courts?

Answer 17

In the case of High Courts, the recommendation must be made in consultation with the two senior-most judges of the Supreme Court.

Question 18

Do strong cogent reasons need to be recorded for departing from the order of seniority?

Answer 18

No, strong cogent reasons do not have to be recorded for a departure from the order of seniority. What needs to be recorded is the “positive reason for the recommendation.”

Question 19

How should the views of the judges consulted be conveyed to the Government of India?

Answer 19

The views of the judges consulted should be in writing and should be conveyed to the Government of India by the CJI along with his own views.

Question 20

Is the Chief Justice of India (CJI) obligated to comply with the norms and requirements of the consultation process?

Answer 20

Yes, the CJI is obliged to comply with the norms and requirements of the consultation process in making his recommendations.

Question 21

Are recommendations by the Chief Justice of India (CJI) binding on the government without compliance with the consultation process?

Answer 21

No, recommendations by the CJI without compliance with the consultation process are not binding upon the government.

Question 22

Under what circumstances is the transfer of High Court (HC) judges judicially reviewable?

Answer 22

The transfer of HC judges is judicially reviewable if the CJI made the decision without consulting the other four judges in the Supreme Court collegium or if the views of the Chief Justices of both High Courts involved in the transfer are not obtained.

Question 23

Can the Chief Justice of India (CJI) act solely in his individual capacity for the non-appointment of a recommended judge?

Answer 23

No, the CJI is not entitled to act solely in his individual capacity without consulting other judges of the Supreme Court regarding materials and information conveyed by the Government for non-appointment.

Question 24

Whom can the Chief Justice of India (CJI) consult regarding the appointment of a High Court judge to the Supreme Court or the transfer of a puisne judge?

Answer 24

The CJI can consult any of his colleagues on the appointment of a HC judge to the Supreme Court or the transfer of a puisne judge.

Question 25

Is the consultation for appointments and transfers limited to colleagues who have occupied the office of a judge or Chief Justice of that particular High Court?

Answer 25

No, the consultation need not be limited to colleagues who have occupied the office of a judge or Chief Justice of that particular High Court.

Question 26

What is one criticism of the Collegium system?

Answer 26

Critics argue that the system is non-transparent since it lacks any official mechanism or secretariat.

Question 27

How is the Collegium system viewed in terms of transparency and selection procedure?

Answer 27

The Collegium system is seen as a closed-door affair with no prescribed norms regarding eligibility criteria or the selection procedure.

Question 28

What is a consequence of the tussle among the government and collegium, and within the collegium itself?

Answer 28

Delayed appointments are a consequence of the tussle among the government and collegium, and within the collegium itself.

Question 29

What is a criticism regarding the decision-making process of the Collegium?

Answer 29

There is no public knowledge of how and when a collegium meets and how it takes its decisions.

Question 30

What is the concern of lawyers regarding the Collegium system?

Answer 30

Lawyers are usually unaware of whether their names have been considered for elevation as a judge.

Question 31

What impact does the lack of transparency have on the representation of lawyers and district judges?

Answer 31

The lack of transparency has resulted in a low number of lawyers being elevated to the bench and fewer district judges being elevated to High Courts.

Question 32

When was the Justice M N Venkatachaliah Commission formed, and what was its purpose?

Answer 32

The Justice M N Venkatachaliah Commission was formed in 1998-2003 to opine on whether there was a need to change the collegium system.

Question 33

What was the recommendation of the Justice M N Venkatachaliah Commission?

Answer 33

The Commission favored a change and recommended the establishment of a National Judicial Appointments Commission (NJAC) consisting of the CJI, two senior-most judges, the Law Minister, and an eminent person from the public.

Question 34

What was the focus of the NDA-II regime regarding judicial appointments?

Answer 34

The NDA-II regime made NJAC one of its priorities and swiftly cleared the constitutional amendment and NJAC Act.

Question 35

Which constitutional amendment was introduced in relation to the NJAC?

Answer 35

The 99th Amendment was introduced, amending Article 124 and adding Articles 124A, 124B, and 124C.

Question 36

What was the outcome of the constitutional amendment and the NJAC Act?

Answer 36

In 2015, a five-judge Constitution Bench declared the 99th amendment to the constitution and the NJAC Act as unconstitutional.

Question 37

How many members were there in the National Judicial Appointments Commission (NJAC)?

Answer 37

The NJAC was composed of a total of six members.

Question 38

Who served as the ex officio Chairperson of the NJAC?

Answer 38

The Chief Justice of India served as the ex officio Chairperson of the NJAC.

Question 39

Which members of the Supreme Court were part of the NJAC?

Answer 39

Two senior-most Supreme Court Judges served as ex officio members of the NJAC.

Question 40

Who was the ex officio member representing the Union Minister of Law and Justice in the NJAC?

Answer 40

The Union Minister of Law and Justice served as an ex officio member of the NJAC.

Question 41

How were the two eminent persons from civil society selected for the NJAC?

Answer 41

The two eminent persons were nominated by a committee consisting of the Chief Justice of India, Prime Minister of India, and the Leader of Opposition in the Lok Sabha. One of the eminent persons had to be nominated from SC/ST/OBC/minorities or women.

Question 42

What was the key outcome of the 1st Judges Case (SP Gupta)?

Answer 42

The 1st Judges Case established that consultation does not mean concurrence.

Question 43

What happened in the 2nd Judges Case regarding the decision in the SP Gupta case?

Answer 43

In the 2nd Judges Case, the decision in the SP Gupta case was overruled. The primacy of the Chief Justice of India's opinion was established, and the Collegium system was formed, consisting of the CJI and the two senior-most judges for Supreme Court appointments and the two senior-most judges of the High Court for High Court appointments.

Question 44

What was the key change introduced by the 3rd Judges Case?

Answer 44

The 3rd Judges Case expanded the Collegium system to include the Chief Justice of India and the four senior-most judges for appointments.

Question 45

What was the outcome of the NJAC Case?

Answer 45

In the NJAC Case, the Supreme Court ruled with a majority of 4:1 that the 99th amendment to the constitution and the National Judicial Appointments Commission (NJAC) Act were unconstitutional.

Question 46

What was the Master of Roster Issue Case in 2018 about?

Answer 46

The Master of Roster Issue Case in 2018 dealt with the issue of who has the authority to determine the allocation of cases in the court.

Question 47

What does the term "Master of the Roster" refer to?

Answer 47

"Master of the Roster" refers to the privilege of the Chief Justice to constitute Benches to hear cases.

Question 48

What was the ruling in the 2018 case regarding the authority of the Chief Justice as the Master of the Roster?

Answer 48

In the 2018 case, it was ruled that the Chief Justice is the master of the roster and has the prerogative to constitute Benches of the Court and allocate cases to those Benches.

Question 49

Can a judge take up a matter on their own without allocation by the Chief Justice?

Answer 49

No, according to the 2018 case ruling, no judge can take up a matter on their own unless it is allocated to them by the Chief Justice of India, as the Chief Justice is the master of the roster.

Question 50

Who is the Master of the Roster for the Supreme Court?

Answer 50

The Chief Justice of India is the Master of the Roster for the Supreme Court.

Question 51

Who is the Master of the Roster for the respective High Courts?

Answer 51

The Chief Justice of the respective High Courts is the Master of the Roster for their respective courts.

Question 52

What is charged on the Consolidated Fund of India according to Article 125?

Answer 52

The salaries, allowances, pensions of the judges and staff, as well as all administrative expenses of the Supreme Court, are charged on the Consolidated Fund of India.

Question 53

When is the Appointment of Acting Chief Justice done by the President?

Answer 53

The Appointment of Acting Chief Justice is done by the President when the office of Chief Justice of India is vacant, the Chief Justice of India is temporarily absent, or the Chief Justice of India is unable to perform the duties of his office.

Question 54

Who appoints an ad hoc judge and under what circumstances?

Answer 54

An ad hoc judge is appointed by the Chief Justice of India with the consent of the Chief Justice of the High Court and the President when there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court.

Question 55

Can a retired judge be requested to act as a judge of the Supreme Court?

Answer 55

Yes, at any time, the Chief Justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period.

Question 56

What is the significance of Article 129 in the Constitution of India?

Answer 56

Article 129 empowers the Supreme Court to be a Court of Record, meaning that its judgments, proceedings, and acts are recorded for perpetual memory and testimony.

Question 57

What power does Article 129 give to the Supreme Court?

Answer 57

Article 129 empowers the Supreme Court to punish individuals for contempt of court.

Question 58

According to Article 130, where is the seat of the Supreme Court located?

Answer 58

The Constitution declares Delhi as the seat of the Supreme Court.

Question 59

Can the Chief Justice of India appoint other places as seats of the Supreme Court?

Answer 59

Yes, the Chief Justice of India has the authority to appoint other places as seats of the Supreme Court, but only with the approval of the President.

Question 60

What recent suggestion has been made regarding the setting up of Supreme Court benches?

Answer 60

It has been suggested that the Supreme Court should establish its benches as a Court of Appeal in all regions, with the Delhi Supreme Court serving as the Constitutional court to hear constitutional issues.

Question 61

What is the subject matter of Article 131 in the Indian Constitution?

Answer 61

Article 131 deals with the original jurisdiction of the Supreme Court to decide disputes between different units of the Indian Federation.

Question 62

What types of disputes can the Supreme Court decide under Article 131?

Answer 62

The Supreme Court can decide disputes between: *The Centre and one or more states. *The Centre and any state or states on one side and one or more other states on the other side. *Two or more states.

Question 63

What is the significance of the Supreme Court's original jurisdiction under Article 131?

Answer 63

The original jurisdiction of the Supreme Court allows it to settle disputes of a federal nature between different units of the Indian Federation, ensuring the resolution of conflicts between the Centre and the states or among the states themselves.

Question 64

What is the basis for filing an appeal in the Supreme Court in constitutional matters?

Answer 64

An appeal can be made to the Supreme Court against the judgment of a high court if the high court certifies that the case involves a substantial question of law.

Question 65

Under what conditions can appeals be filed in civil matters in the Supreme Court?

Answer 65

Appeals can be filed in the Supreme Court from any judgment of a high court if the high court certifies that: (i) the case involves a substantial question of law of general importance, and (ii) the question needs to be decided by the Supreme Court.

Question 66

In what circumstances does the Supreme Court hear appeals in criminal matters?

Answer 66

The Supreme Court hears appeals against the judgment in a criminal proceeding of a high court if the high court: (i) has reversed an order of acquittal of an accused person and sentenced him to death, (ii) has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death, or (iii) certifies that the case is a fit one for appeal to the Supreme Court.

Question 67

What is the authority of the Supreme Court in granting special leave to appeal?

Answer 67

The Supreme Court is authorized to grant, at its discretion, special leave to appeal from any judgment in any matter passed by any court or tribunal in the country, except military tribunals and court martial.

Question 68

What is the significance of Article 139 in the Indian Constitution?

Answer 68

Article 139 empowers the Supreme Court to exercise its writ jurisdiction for the enforcement of fundamental rights.

Question 69

What are the types of writs that can be issued by the Supreme Court under Article 139?

Answer 69

The Supreme Court can issue writs of: *Habeas Corpus: To protect the individual's liberty against unlawful detention. *Mandamus: To compel a public official or authority to perform their duties. *Prohibition: To prohibit a lower court from exceeding its jurisdiction or acting in an illegal manner. *Quo Warranto: To inquire into the legality of a person's claim to a public office. *Certiorari: To quash or set aside the decision of a lower court or tribunal.

Question 70

What is the purpose of the writ jurisdiction under Article 139?

Answer 70

The writ jurisdiction of the Supreme Court aims to safeguard and uphold the fundamental rights of citizens by providing a legal remedy against violations or infringement of these rights.

Question 71

What is the jurisdiction of the Supreme Court as stated in the Indian Constitution?

Answer 71

The Supreme Court has exclusive original jurisdiction in disputes involving the Government of India and one or more states, or between different states, if the dispute relates to a legal right.

Question 72

What types of disputes fall under the original jurisdiction of the Supreme Court?

Answer 72

The original jurisdiction of the Supreme Court applies to disputes between the Government of India and states, disputes between the Government of India and one or more states against other states, and disputes between two or more states.

Question 73

Are disputes arising from treaties or agreements covered under the Supreme Court's original jurisdiction?

Answer 73

No, disputes arising from treaties, agreements, covenants, engagements, sanads, or similar instruments that were entered into before the commencement of the Constitution and continue to be in operation are not covered under the Supreme Court's original jurisdiction.

Question 74

Can private citizens file a civil lawsuit directly in the Supreme Court under Article 131?

Answer 74

No, private citizens cannot directly approach the Supreme Court under Article 131. This provision is generally used by governments or public authorities to resolve disputes among themselves.

Question 75

Are political questions entertained under the original jurisdiction of the Supreme Court?

Answer 75

No, the original jurisdiction of the Supreme Court does not extend to disputes of a purely political nature. It is limited to questions of law or fact on which the existence or extent of a legal right depends.

Question 76

Can the Supreme Court test the validity of a law under Article 131 of the Indian Constitution?

Answer 76

Yes, the Supreme Court can test the constitutionality of a law under Article 131 if the dispute involves a question on the existence or extent of a "legal right" and not a political one.

Question 77

What was the ruling in the 2011 State of MP v Union of India case regarding the validity of central laws?

Answer 77

In the case, the Supreme Court held that the validity of central laws can be challenged under Article 32 of the Constitution, not Article 131.

Question 78

Which provisions of the Constitution did the State of MP seek to challenge in the State of MP v Union of India case?

Answer 78

The State of MP sought to challenge certain provisions of the Madhya Pradesh Reorganisation Act, claiming that they violated Article 14 (Right to Equality) of the Constitution.

Question 79

Did all judges agree on whether Article 131 can be used to examine the constitutionality of a statute?

Answer 79

No, in the 2014 State of Jharkhand v State of Bihar case, a two-judge bench disagreed with the previous ruling and held that Article 131 can be used to examine the constitutionality of a statute.

Question 80

What is the condition for invoking the Supreme Court's jurisdiction under Article 131?

Answer 80

The condition is that the dispute must involve a question on the existence or extent of a "legal right" and not a political question.

Question 81

What is the basis for challenging the validity of a law in court?

Answer 81

A law can be challenged if it exceeds the legislative competence of the authority that framed it, and the subject matter of the law falls outside the authority's jurisdiction.

Question 82

What is the focus of Kerala's petition regarding the violation of Fundamental Rights?

Answer 82

Kerala's petition focuses on the violation of Fundamental Rights rather than the legislative competence of the Parliament.

Question 83

Can an individual challenge a law for the violation of their Fundamental Rights in the Supreme Court?

Answer 83

Yes, if an individual files a petition alleging a violation of their Fundamental Rights, the Supreme Court can examine the legality of the issue.

Question 84

What grounds can the Supreme Court use to test the validity of a law?

Answer 84

The Supreme Court can test a law if it is found to be ultra vires the Constitution, based on grounds such as doctrine of basic structure, pith and substance, and colorable legislation.

Question 85

Is the grant of special leave to appeal by the Supreme Court a matter of right?

Answer 85

No, the grant of special leave to appeal is a discretionary power of the Supreme Court and cannot be claimed as a matter of right.

Question 86

Can special leave to appeal be granted in any type of judgment?

Answer 86

Yes, special leave to appeal can be granted in any judgment, whether it is a final judgment or an interlocutory order.

Question 87

In what types of matters can special leave to appeal be granted?

Answer 87

Special leave to appeal can be granted in matters related to constitutional, civil, criminal, income-tax, labour, revenue, and advocates, among others.

Question 88

Can special leave to appeal be granted against any court or tribunal?

Answer 88

Yes, special leave to appeal can be granted against any court or tribunal, not necessarily limited to high courts, except for military courts.

Question 89

What is the significance of a special leave petition (SLP) in the Indian judicial system?

Answer 89

A special leave petition (SLP) holds a prime place in the Indian judicial system as it provides the aggrieved party with special permission to be heard in the Supreme Court in appeal against any judgment or order of any court or tribunal in the territory of India.

Question 90

Under what circumstances can an appeal through special leave petition (SLP) be made?

Answer 90

An appeal through special leave petition (SLP) can be made when a substantial question of law is involved or when gross injustice has been observed.

Question 91

What is the requirement for the judgment, decree, or order against which the appeal is made in a special leave petition (SLP)?

Answer 91

The judgment, decree, or order against which the appeal is made must have the character of judicial adjudication.

Question 92

What is the purpose of a special leave petition (SLP)?

Answer 92

A special leave petition (SLP) is a measure to ensure the principle of natural justice and provides an opportunity for the aggrieved party to be heard in the Supreme Court.

Question 93

In what types of cases can a Special Leave Petition (SLP) be granted?

Answer 93

A Special Leave Petition (SLP) can be granted in cases of civil, criminal, income tax-related cases, cases from various tribunals, and other types of cases.

Question 94

When can an SLP be filed?

Answer 94

An SLP can be filed within 90 days from the date of the judgment of the High Court. However, there is flexibility, and it can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to the Supreme Court.

Question 95

Can an SLP be filed when a High Court does not approve fitness for appeal to the Supreme Court?

Answer 95

Yes, an SLP can be filed when a High Court does not approve fitness for appeal to the Supreme Court.

Question 96

Is there a time limitation for filing an SLP?

Answer 96

Yes, there is a time limitation. An SLP should generally be filed within 90 days from the date of the judgment or within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal.

Question 97

Are there any exceptions to the time-frame for filing an SLP?

Answer 97

Yes, there is flexibility at the discretion of the Supreme Court to entertain an SLP filed beyond the prescribed time-frame.

Question 98

Who can file an SLP?

Answer 98

Ordinarily, a private party other than the complainant should not be permitted to file an SLP. The aggrieved party or the party seeking special leave can file the SLP.

Question 99

What is the purpose of filing an SLP?

Answer 99

The purpose of filing an SLP is to seek permission from the Supreme Court to appeal against a judgment or order of the High Court and to review the decision in a higher court.

Question 100

What is the significance of the certificate of fitness for appeal to the Supreme Court?

Answer 100

The certificate of fitness for appeal to the Supreme Court is a requirement from the High Court to establish the eligibility of the case for consideration in the Supreme Court. If the High Court refuses to grant the certificate, an SLP can be filed to challenge that decision.

Question 101

What is the power of the Supreme Court under Article 137?

Answer 101

The Supreme Court has the power to review any judgment pronounced or order made by itself. This power is known as judicial review.

Question 102

Can the Parliament curtail the jurisdiction and powers of the Supreme Court?

Answer 102

No, the Parliament is not authorized to curtail the jurisdiction and powers of the Supreme Court. The Constitution guarantees various kinds of jurisdiction to the Supreme Court, and the Parliament can only extend it.

Question 103

What does Article 141 state?

Answer 103

Article 141 states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. It ensures uniformity of justice throughout the country.

Question 104

What is the purpose of Article 142?

Answer 104

Article 142 empowers the Supreme Court to pass decrees or make orders to ensure complete justice in any pending cause or matter before it. These decrees or orders are enforceable throughout the territory of India. Additionally, it grants the Supreme Court the power to issue orders related to discovery of documents, investigation or punishment of contempt.

Question 105

What is the scope of the Supreme Court's power under Article 142?

Answer 105

The Supreme Court's power under Article 142 is wide-ranging and allows it to pass orders or decrees to address the specific requirements of a case and ensure justice is served.