Comprehension
The present system of appointments as envisaged by the Constitution and as elucidated in the Collegium system makes it clear that the first step is a recommendation from the Collegium of four senior-most judges and presided over by the Chief Justice. This process in turn requires wide consultation by the Chief Justice of the High Court to identify the requisite talent, so as to make the recommendations.
Contrary to some portrayed beliefs, as if this is an extremely subjective system, every Chief Justice is actually required to solicit names from different sources whether it be sitting judges, retired judges, or prominent members of the Bar. It is from this pool of talent that he selects, after a discussion in the collegium, the most suitable candidates. It is thus of utmost importance that the flow of recommendations continues for the appointment process to work successfully.
The current situation of vacancies, especially in some of the larger courts with very few recommendations in the pipeline, seems to be the genesis of this problem. The data placed before us, as drawn from the National Judicial Data Grid (NJDG), shows that five (5) High Courts alone are responsible for 54% of the pendency of over 57,51,312 cases, i.e., the High Courts of Allahabad, Punjab & Haryana, Madras, Bombay, and Rajasthan. The Madras High Court has among the highest arrears in the country of 5.8 lakh cases despite having fewer vacancies than most other High Courts (i.e., 7%).
This does not take away from the requirement of appointing ad hoc Judges but supports the view that even if the existing vacancies are few, a situation may arise requiring the expertise of experienced Judges to be appointed as ad hoc Judges.
Contrary to some portrayed beliefs, as if this is an extremely subjective system, every Chief Justice is actually required to solicit names from different sources whether it be sitting judges, retired judges, or prominent members of the Bar. It is from this pool of talent that he selects, after a discussion in the collegium, the most suitable candidates. It is thus of utmost importance that the flow of recommendations continues for the appointment process to work successfully.
The current situation of vacancies, especially in some of the larger courts with very few recommendations in the pipeline, seems to be the genesis of this problem. The data placed before us, as drawn from the National Judicial Data Grid (NJDG), shows that five (5) High Courts alone are responsible for 54% of the pendency of over 57,51,312 cases, i.e., the High Courts of Allahabad, Punjab & Haryana, Madras, Bombay, and Rajasthan. The Madras High Court has among the highest arrears in the country of 5.8 lakh cases despite having fewer vacancies than most other High Courts (i.e., 7%).
This does not take away from the requirement of appointing ad hoc Judges but supports the view that even if the existing vacancies are few, a situation may arise requiring the expertise of experienced Judges to be appointed as ad hoc Judges.
Question: 1
The above excerpt has been taken from which of the following judgments, where the Supreme Court of India sought to activate a dormant provision of the Constitution of India for the appointment of ad hoc Judges to deal with the unprecedented backlog of cases pending before the High Courts?
The above excerpt has been taken from which of the following judgments, where the Supreme Court of India sought to activate a dormant provision of the Constitution of India for the appointment of ad hoc Judges to deal with the unprecedented backlog of cases pending before the High Courts?
Show Hint
The Lok Prahari case is key for understanding the Court’s use of dormant constitutional provisions for judicial backlog reduction.
Updated On: Aug 17, 2025
- Devendra Kumar Saxena v. Central Bureau of Investigation (CBI), 2021 SCC OnLine SC 330.
- M.K. Ranjitsinh v. Union of India, 2021 SCC OnLine SC 326.
- Lok Prahari through its General Secretary S.N. Shukla, IAS (Retd.) v. Union of India, 2021 SCC OnLine SC 333.
- Justice V. Eswaraiah (Retd.) v. Union of India, 2021 SCC OnLine SC 310.
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The Correct Option is C
Solution and Explanation
Step 1: Understanding the context.
The excerpt addresses the need to appoint ad hoc Judges to tackle huge backlogs in certain High Courts, citing specific pendency statistics from the National Judicial Data Grid.
Step 2: Linking with the judgment.
This discussion took place in the Supreme Court decision in Lok Prahari v. Union of India (2021), which invoked a dormant constitutional provision for this purpose.
Step 3: Eliminating options.
Other cases listed relate to unrelated legal issues (CBI investigation, wildlife matters, service disputes, etc.). Only option (C) matches the fact pattern described.
\[ \boxed{\text{C}} \]
The excerpt addresses the need to appoint ad hoc Judges to tackle huge backlogs in certain High Courts, citing specific pendency statistics from the National Judicial Data Grid.
Step 2: Linking with the judgment.
This discussion took place in the Supreme Court decision in Lok Prahari v. Union of India (2021), which invoked a dormant constitutional provision for this purpose.
Step 3: Eliminating options.
Other cases listed relate to unrelated legal issues (CBI investigation, wildlife matters, service disputes, etc.). Only option (C) matches the fact pattern described.
\[ \boxed{\text{C}} \]
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Question: 2
Which of the following dormant provision of the Constitution of India has been invoked by the Supreme Court of India for the appointment of ad hoc Judges to deal with the backlog of cases before the High Courts?
Which of the following dormant provision of the Constitution of India has been invoked by the Supreme Court of India for the appointment of ad hoc Judges to deal with the backlog of cases before the High Courts?
Show Hint
Article 224A is a constitutional tool to temporarily appoint retired Judges to tackle pendency.
Updated On: Aug 17, 2025
- Article 224A
- Article 217
- Article 224
- Article 217A
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The Correct Option is A
Solution and Explanation
Step 1: Identifying the relevant constitutional provision.
Article 224A of the Indian Constitution allows for the appointment of retired High Court Judges as ad hoc Judges with their consent to clear backlogs.
Step 2: Historical context.
The provision had remained dormant for decades until the Supreme Court revived it in Lok Prahari v. Union of India (2021).
Step 3: Eliminating options.
- Article 217 deals with appointment of regular High Court Judges.
- Article 224 concerns additional Judges, not ad hoc appointments.
- Article 217A does not exist.
\[ \boxed{\text{A}} \]
Article 224A of the Indian Constitution allows for the appointment of retired High Court Judges as ad hoc Judges with their consent to clear backlogs.
Step 2: Historical context.
The provision had remained dormant for decades until the Supreme Court revived it in Lok Prahari v. Union of India (2021).
Step 3: Eliminating options.
- Article 217 deals with appointment of regular High Court Judges.
- Article 224 concerns additional Judges, not ad hoc appointments.
- Article 217A does not exist.
\[ \boxed{\text{A}} \]
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Question: 3
In Supreme Court Advocates on Record Association v. Union of India, (2016) 5 SCC 1, the Supreme Court of India, by a ________ majority, restored the collegium system of appointment of judges by holding that the National Judicial Appointments Commission Act, 2014 is ultra vires the Constitution of India.
In Supreme Court Advocates on Record Association v. Union of India, (2016) 5 SCC 1, the Supreme Court of India, by a ________ majority, restored the collegium system of appointment of judges by holding that the National Judicial Appointments Commission Act, 2014 is ultra vires the Constitution of India.
Show Hint
The 4:1 NJAC verdict is a key example of the basic structure doctrine protecting judicial independence.
Updated On: Aug 17, 2025
- 3:2
- 4:1
- 6:1
- 4:3
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The Correct Option is B
Solution and Explanation
Step 1: Understanding the case.
This landmark case struck down the NJAC Act, 2014, which sought to replace the collegium system for judicial appointments, on grounds of violating judicial independence under the basic structure doctrine.
Step 2: Majority count.
The decision was by a 4:1 majority, with Justice J. Chelameswar dissenting.
Step 3: Outcome.
The judgment reaffirmed the collegium system as part of the Constitution’s basic structure.
\[ \boxed{\text{B}} \]
This landmark case struck down the NJAC Act, 2014, which sought to replace the collegium system for judicial appointments, on grounds of violating judicial independence under the basic structure doctrine.
Step 2: Majority count.
The decision was by a 4:1 majority, with Justice J. Chelameswar dissenting.
Step 3: Outcome.
The judgment reaffirmed the collegium system as part of the Constitution’s basic structure.
\[ \boxed{\text{B}} \]
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Question: 4
In which of the following cases the Supreme Court of India observed that for appointment of a retired Judge as an ad hoc judge, the consent of such retired Judge is a pre-requisite for his/her appointment as an ad hoc judge?
In which of the following cases the Supreme Court of India observed that for appointment of a retired Judge as an ad hoc judge, the consent of such retired Judge is a pre-requisite for his/her appointment as an ad hoc judge?
Show Hint
Under Article 224A, consent of the retired Judge is essential for ad hoc appointment — reaffirmed in Sankal Chand case.
Updated On: Aug 17, 2025
- Ashok Tanwar v. State of Himachal Pradesh, (2005) 2 SCC 104.
- Supreme Court Advocates on Record Association v. Union of India, (2016) 5 SCC 1.
- Union of India v. Sankal Chand Himatlal Sheth, (1977) 4 SCC 193.
- Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128.
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The Correct Option is C
Solution and Explanation
Step 1: Understanding the issue.
The appointment of retired Judges as ad hoc Judges under Article 224A requires their consent before they can serve again on the Bench.
Step 2: Case linkage.
In Sankal Chand Himatlal Sheth, the Supreme Court held that such consent is mandatory before appointment as an ad hoc Judge, underscoring judicial independence and voluntary acceptance.
Step 3: Eliminating other options.
The other cases do not deal directly with the consent requirement for ad hoc Judges.
\[ \boxed{\text{C}} \]
The appointment of retired Judges as ad hoc Judges under Article 224A requires their consent before they can serve again on the Bench.
Step 2: Case linkage.
In Sankal Chand Himatlal Sheth, the Supreme Court held that such consent is mandatory before appointment as an ad hoc Judge, underscoring judicial independence and voluntary acceptance.
Step 3: Eliminating other options.
The other cases do not deal directly with the consent requirement for ad hoc Judges.
\[ \boxed{\text{C}} \]
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Question: 5
In which of the following reports the Law Commission of India advocated for appointment of retired judges as ad hoc judges in the interest of clearing backlogs of cases in the High Courts?
In which of the following reports the Law Commission of India advocated for appointment of retired judges as ad hoc judges in the interest of clearing backlogs of cases in the High Courts?
Show Hint
The 14th Law Commission Report is foundational for many judicial reforms, including use of retired Judges for reducing backlogs.
Updated On: Aug 17, 2025
- One Hundred Eighty Eighth Report on proposals for Constitution of Hi-Tech Fast-Track Commercial Divisions in High Courts (2003).
- Fourteenth Report on Reforms in Judicial Administration (1958).
- One Twentieth Report on Manpower Planning in Judiciary: A Blueprint (1987).
- One Hundred Eighteenth Report on Method of Appointments to Subordinate Courts/ Subordinate Judiciary (1986).
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The Correct Option is B
Solution and Explanation
Step 1: Historical reference.
The 14th Law Commission Report (1958) comprehensively addressed judicial administration, backlog reduction, and recommended using retired Judges as ad hoc appointees to meet case disposal needs.
Step 2: Eliminating other options.
- (A) Focused on commercial court reforms.
- (C) & (D) Dealt with manpower planning and subordinate court appointments, not ad hoc High Court Judges.
\[ \boxed{\text{B}} \]
The 14th Law Commission Report (1958) comprehensively addressed judicial administration, backlog reduction, and recommended using retired Judges as ad hoc appointees to meet case disposal needs.
Step 2: Eliminating other options.
- (A) Focused on commercial court reforms.
- (C) & (D) Dealt with manpower planning and subordinate court appointments, not ad hoc High Court Judges.
\[ \boxed{\text{B}} \]
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Question: 6
Which of the following statements is true regarding the origin of the Collegium system for appointment of judges?
Which of the following statements is true regarding the origin of the Collegium system for appointment of judges?
Show Hint
The collegium system is judge-made law — a product of the Supreme Court’s own constitutional interpretation, not explicit text.
Updated On: Aug 17, 2025
- Article 124A of the Constitution of India provides for the establishment of the collegium system.
- The Judicial Appointments (Collegium System) Act, 1999 provides for the establishment of the collegium system.
- The Constitution of India does not provide for the establishment of the collegium system.
- The National Judicial Appointments Commission supplements the collegium system for appointment of judges.
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The Correct Option is C
Solution and Explanation
Step 1: Understanding the collegium’s origin.
The collegium system is a creation of judicial interpretation, not a constitutional or statutory provision. It evolved from Supreme Court judgments — the Second Judges Case (1993) and clarified in the Third Judges Case (1998).
Step 2: Why option (C) is correct.
The Constitution contains no express provision creating the collegium system; it was read into Articles 124 and 217 through judicial pronouncements.
Step 3: Eliminating incorrect options.
- (A) Article 124A was inserted for NJAC, not collegium.
- (B) No such 1999 Act exists.
- (D) NJAC was meant to replace, not supplement, the collegium.
\[ \boxed{\text{C}} \]
The collegium system is a creation of judicial interpretation, not a constitutional or statutory provision. It evolved from Supreme Court judgments — the Second Judges Case (1993) and clarified in the Third Judges Case (1998).
Step 2: Why option (C) is correct.
The Constitution contains no express provision creating the collegium system; it was read into Articles 124 and 217 through judicial pronouncements.
Step 3: Eliminating incorrect options.
- (A) Article 124A was inserted for NJAC, not collegium.
- (B) No such 1999 Act exists.
- (D) NJAC was meant to replace, not supplement, the collegium.
\[ \boxed{\text{C}} \]
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