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 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.
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 ?
Updated On: Jul 11, 2024
- 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
The Correct Answe is option (C): Lok Prahari through its General Secretary S.N. Shukla, IAS (Retd.) v. Union of India, 2021 SCC OnLine SC 333.
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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?
Updated On: Aug 23, 2024
- Article 224A
- Article 217
- Article 224
- Article 217A
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (A): Article 224A
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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.
Updated On: Jul 11, 2024
- 3:2
- 4:1
- 6:1
- 4:3
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): 4:1
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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?
Updated On: Jul 11, 2024
- 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 and 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
The Correct Answe is option (C): Union of India v. Sankal Chand and Himatlal Sheth, (1977) 4 SCC 193.
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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?
Updated On: Jul 11, 2024
- 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 A
Solution and Explanation
The Correct Answe is option (A): One Hundred Eighty Eighth Report on proposals for Constitution of Hi-Tech Fast-Track Commercial Divisions in High Courts (2003).
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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?
Updated On: Jul 11, 2024
- 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
The Correct Answe is option (C): The Constitution of India does not provide for the establishment of the collegium system.
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