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: Aug 14, 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
The question pertains to identifying the specific judgment where the Supreme Court of India aimed to utilize a dormant provision for appointing ad hoc Judges to address the massive backlog of cases in the High Courts. The correct answer to this question is connected to a context wherein the appointment system relies significantly on the Collegium system. This involves recommendations from the four senior-most judges and is presided over by the Chief Justice. The process includes wide consultations to identify the suitable talent pool for appointments. Notably, a critical situation is depicted, highlighting a substantial backlog primarily in the High Courts of Allahabad, Punjab & Haryana, Madras, Bombay, and Rajasthan. The Madras High Court, with a significant number of pending cases, reinforces the necessity for temporary appointments of experienced judges.
Therefore, the judgment referred to in this context is:
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 14, 2025
- Article 224A
- Article 217
- Article 224
- Article 217A
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The Correct Option is A
Solution and Explanation
The Supreme Court of India has invoked Article 224A of the Constitution for the appointment of ad hoc Judges in High Courts to address the backlog of cases. Article 224A allows the Chief Justice of a High Court, with the previous consent of the President, to request retired Judges to serve temporarily as needed. This provision helps ensure that the High Courts can handle their caseload efficiently, especially when facing high arrears of pending cases. It is important for the efficient functioning of the judiciary, and the call for ad hoc Judges strengthens the system by bringing in experienced judges to manage the growing number of cases, thereby supporting the judicial process effectively.
To summarize, the use of Article 224A provides a mechanism for High Courts to temporarily enhance their capacity by leveraging the experience of retired judges. This addresses the issue of delayed justice due to the current constraint of full-time judicial vacancies occuring in the High Courts.
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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: Aug 14, 2025
- 3:2
- 4:1
- 6:1
- 4:3
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The Correct Option is B
Solution and Explanation
In the Supreme Court case of "Supreme Court Advocates on Record Association v. Union of India, (2016) 5 SCC 1," the Supreme Court of India restored the collegium system of appointment of judges by declaring the National Judicial Appointments Commission Act, 2014 as ultra vires the Constitution of India. The judgment was delivered by a majority decision. The question asks for the specific majority ratio by which this decision was reached.
Given the following options: 3:2, 4:1, 6:1, and 4:3, the correct answer is 4:1. This indicates that the decision to restore the collegium system was supported by four of the judges in favor, with one judge dissenting.
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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: Aug 14, 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 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
In the legal case of Union of India v. Sankal Chand and Himatlal Sheth, (1977) 4 SCC 193, the Supreme Court of India emphasized the necessity of obtaining the consent of a retired judge before appointing them as an ad hoc judge. This decision is grounded in the larger context of the judicial appointment process in India, which is guided by the Constitution and the practices as elucidated in the Collegium system.
Within this framework, the Chief Justice, alongside the Collegium, identifies potential candidates for judicial appointments through a comprehensive consultation process. This includes suggestions from diverse sources like sitting judges, retired judges, and notable lawyers, ensuring a thorough and unbiased selection aimed at maintaining the integrity and effectiveness of the judiciary.
The Court acknowledged that although existing vacancies might be few, exceptional circumstances may warrant the need for ad hoc judges, especially in cases of substantial backlog as noted in certain High Courts. However, the decision to appoint a retired judge must understandably respect their willingness and availability, hence the prerequisite of obtaining their consent.
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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: Aug 14, 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 A
Solution and Explanation
The question pertains to identifying the specific report by the Law Commission of India that recommended appointing retired judges as ad-hoc judges to address backlogs in High Courts. The context provided highlights the importance of filling judicial vacancies efficiently to manage the substantial case backlog in several High Courts, despite some courts having fewer vacancies.
Among the given options, the report titled "One Hundred Eighty Eighth Report on proposals for Constitution of Hi-Tech Fast-Track Commercial Divisions in High Courts (2003)" is the correct one. This report specifically discusses measures to expedite case resolution, including the appointment of ad-hoc judges.
Understanding these steps is crucial:
- The Law Commission of India regularly evaluates the judicial system, proposing reforms to enhance efficiency.
- In 2003, the 188th Report suggested creating Hi-Tech Fast-Track Divisions and advocated for appointing retired judges temporarily to clear case backlogs.
- Such recommendations aim to leverage experienced judges’ expertise without interfering with the permanent judicial appointments process, thereby balancing the caseload effectively.
Therefore, in the context of the judicial system's needs and the ongoing backlog issues, the 188th Report from 2003 is pivotal for proposing innovative strategies, such as using retired judges as ad-hoc judges to alleviate the pressure on High Courts.
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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: Aug 14, 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
The Collegium system for the appointment of judges in India does not have its origins in a specific provision of the Constitution of India or any statute. Instead, it is a judicial innovation based on a series of Supreme Court judgments.
The correct statement is: The Constitution of India does not provide for the establishment of the collegium system.
Explanation:
- The Collegium system was established through the landmark judgments of the Supreme Court commonly referred to as the "Three Judges Cases".
- The First Judges Case (1981) led to a reform of the consultation process in the appointment of judges, emphasizing the primacy of executive decision in judicial appointments.
- The Second Judges Case (1993) changed the scenario, introducing the Collegium system, giving the Chief Justice of India and a panel of senior judges the final say in judicial appointments, thus reducing executive influence.
- The Third Judges Case (1998) further clarified the workings of the system, outlining that the Chief Justice of India should consult a Collegium of four senior-most judges of the Supreme Court.
- Therefore, the Collegium system emerged as a result of judicial precedent rather than constitutional or legislative provisions.
In conclusion, the judiciary, through interpretation and clarification of its own authority and procedures, developed the Collegium system, independent of explicit constitutional backing.
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