1) Which constitutional amendment was struck down out of the following?
a. 100
b. 101
c. 102
d. 99
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Answer
Explanation
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ANSWER: 99
Explanation:
- The amendment provides for the formation of a National Judicial Appointments Commission.
- It was a proposed body which would have been responsible for the appointment and transfer of judges to the higher judiciary in India.
- 16 State assemblies out of 29 States ratified the Central Legislation, enabling the President of India to give assent to the bill.
- The amendment was struck down by the Supreme Court on 16 October 2015.
- The SC upheld the Collegium System.
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2) Which of the following statements is/are correct about Judge of SC?
1. Maximum possible strength of judges in supreme court is 31.
2. According to article 124 deals with appointment of CJI of India.
a. Only 1
b. Only 2
c. Both
d. None
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Answer
Explanation
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ANSWER: Only 1
Explanation:
- Article 124 deals with appointment of judges of supreme court of India and there is no special provision in constitution for appointment of CJI.
Eligibility for judge of SC:
- A citizen of India who has been a judge of one high court or more (continuously), for at least five years or an advocate there, for at least ten years, or a distinguished jurist, in the opinion of the president, is eligible to be recommended for appointment, a judge of the supreme court.
- A person who has retired as a Judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India.
- Senior-most Supreme Court judge Justice Tirath Singh Thakur was sworn in as 43rd Chief Justice of India.
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3) Which of the following statements is/are correct about appointment of Chief Justice of India?
1. Article 124 deals with appointment of Chief Justice of India
2. According to NJAC bill,the Commission shall recommend the senior-most judge of the Supreme Court for appointment as Chief Justice of India.
a. Only 1
b. Only 2
c. Both
d. None
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Answer
Explanation
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ANSWER: Only 2
Explanation:
- Article 124 of the Constitution of India provides for the manner of appointing judges to the Supreme Court. Though no specific provision exists in the Constitution for appointing the Chief Justice, who, as a result, is appointed like the other judges.
- Conventionally, the outgoing CJI recommends the name of the senior-most judge (i.e. by date of appointment to the Supreme Court) for appointment by the President, as his successor.
- However, this convention has been breached on a number of occasions, most notably during the premiership of Indira Gandhi, who appointed A.N. Ray superseding three judges senior to him allegedly because he supported Gandhi's government, during the Emergency.
- Chief Justice of India H.L. Dattu has recommended Justice Tirath Singh Thakur as his successor. Justice Thakur is the senior-most judge in the court after the Chief Justice Dattu, who retires on December 2.
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4) SC has recently ruled which act that was the 99th Constitutions AA as unconstitutional and void on 16th October 2015?
a. NJAD
b. NJAC
c. NJAK
d. NJAL
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Answer
Explanation
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ANSWER: NJAC
Explanation:
5 judge Constitutional Bench of SC in collective order on 16th October 2015 ruled that 99th AA and NJAC Act 2014 has been declared void and unconstitutional. The collegium system has been upheld before the NJAC Act 2014 was introduced by the SC. Collegium system was in operation since 1993. The five-judge SC bench which comprised of Justices JS Khehar, J Chelameswar, Madan B Lokur, Kurian Joseph and AK Goel declared the NJAC act in violation of the Indian Constitution.
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5) Which of the following statements is / are correct?
1. The judges of Supreme Court and High Court will be appointed by NJAC only.
2. NJAC is also responsible for transfer of judges.
a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above
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Answer
Explanation
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ANSWER: Only 2
Explanation:
The judges of Supreme Court and High Court will be appointed by President in consultation with NJAC.
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6) On 13th Apr’15, which commission has been brought by the government into force along with a constitutional amendment act to appoint members to the higher judiciary replacing the collegium system?
a. National Collegium Commission
b. National Judicial Appointments Commission
c. Judicial Collegiums Commisssion
d. Judicial Commission
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Answer
Explanation
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ANSWER: National Judicial Appointments Commission
Explanation:
The NJAC membership will include two senior most Judges of the Supreme Court, the Union Minister of Law and Justice, two eminent persons to be nominated by a committee of the Prime Minister of India, the Chief Justice of India, and the Leader of the Opposition in the House of the People. However, the new body may take some time to come into being.
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