"Judiciary & Constitutional Bodies" — Practice

Question 1

Which case established that the CJI's recommendation on judicial appointments, formed through a collegium of senior judges, is binding on the President?
(a) Second Judges Case, 1993 (b) First Judges Case, 1981 (c) Kesavananda Bharati case, 1973 (d) NJAC case, 2015

Accepted Answer

(a) Second Judges Case, 1993.

This reversed the First Judges Case (1981), which had held the President could override the CJI's recommendation — establishing judicial primacy over the appointments process.

Question 2

The National Judicial Appointments Commission (NJAC), created by the 99th Amendment, was:
(a) struck down by the Supreme Court as unconstitutional in 2015 (b) upheld and remains in force today (c) never challenged in court (d) replaced the Collegium permanently

Accepted Answer

(a) struck down by the Supreme Court as unconstitutional in 2015.

The Court held the NJAC violated the basic structure by compromising judicial independence, restoring the Collegium system as the operative mechanism for judicial appointments.

Question 3

A Supreme Court judge in India holds office until the age of:
(a) 65 years (b) 62 years (c) 60 years (d) 70 years

Accepted Answer

(a) 65 years.

High Court judges, by contrast, retire at 62 — a frequently tested numeric distinction between the two levels of the judiciary.

Question 4

A Supreme Court or High Court judge can be removed from office on grounds of:
(a) proved misbehaviour or incapacity, by special majority in both Houses (b) a simple majority vote in the Lok Sabha alone (c) the President's discretion alone (d) a Supreme Court internal disciplinary committee's decision

Accepted Answer

(a) proved misbehaviour or incapacity, by special majority in both Houses.

This is essentially the same procedure used to impeach the President, requiring a majority of total membership plus 2/3rd of members present and voting in both Houses within the same session.

Question 5

Compared to the Supreme Court's writ jurisdiction under Article 32, a High Court's writ jurisdiction under Article 226 is:
(a) wider, covering Fundamental Rights and any other legal right (b) narrower, limited to Fundamental Rights only (c) identical in every respect (d) available only in criminal cases

Accepted Answer

(a) wider, covering Fundamental Rights and any other legal right.

This counter-intuitive fact is frequently tested, since Article 32 gets more attention as the 'heart and soul' of the Constitution despite the High Court actually having the broader writ power.

Question 6

The Election Commission of India was made a multi-member body (beyond just the CEC) by:
(a) ordinary parliamentary legislation, first done in 1989 (b) a constitutional amendment in 1950 (c) an executive order with no legal backing (d) a Supreme Court directive in 2023

Accepted Answer

(a) ordinary parliamentary legislation, first done in 1989.

Article 324 allows Parliament to determine the ECI's composition by law; it currently comprises the CEC plus 2 Election Commissioners, all with equal decision-making power.

Question 7

An Election Commissioner (other than the CEC) can be removed from office:
(a) by the President, only on the recommendation of the CEC (b) through the same impeachment process as a Supreme Court judge (c) by a simple Cabinet decision (d) only through a Supreme Court inquiry with binding advice

Accepted Answer

(a) by the President, only on the recommendation of the CEC.

This is a materially easier process than the CEC's own removal, which requires the same judge-like impeachment procedure — a frequently tested asymmetry.

Question 8

The CAG's audit reports on the Union government's accounts are submitted to:
(a) the President, who causes them to be laid before Parliament (b) directly to the Lok Sabha Speaker (c) directly to the Public Accounts Committee (d) the Prime Minister's Office

Accepted Answer

(a) the President, who causes them to be laid before Parliament.

Once laid before Parliament, the Public Accounts Committee examines these reports in detail — the CAG itself has no direct enforcement power over its findings.

Question 9

The Comptroller and Auditor General of India holds office for:
(a) 6 years or until age 65, whichever is earlier (b) a fixed 5-year term with no age limit (c) life tenure (d) 10 years

Accepted Answer

(a) 6 years or until age 65, whichever is earlier.

This is the same tenure formula used for the Election Commission and the UPSC — a 6-year term capped by a 65-year age limit.

Question 10

The Chairman or a member of the UPSC can be removed by the President on grounds of misbehaviour only after:
(a) the matter is inquired into by the Supreme Court, whose advice is binding on the President (b) a simple parliamentary resolution (c) an internal UPSC disciplinary vote (d) a High Court inquiry

Accepted Answer

(a) the matter is inquired into by the Supreme Court, whose advice is binding on the President.

This is a distinctive removal mechanism, different from the direct impeachment-style process used for judges, the CEC and the CAG.

Question 11

The Finance Commission, constituted under Article 280, is primarily responsible for:
(a) recommending distribution of tax proceeds between the Union and states (b) formulating the country's Five-Year development plans (c) conducting elections to Parliament and state legislatures (d) auditing government expenditure

Accepted Answer

(a) recommending distribution of tax proceeds between the Union and states.

This includes both vertical devolution (Union to states) and horizontal devolution (among states), plus principles for grants-in-aid — a role NITI Aayog, being extra-constitutional, has no part in.

Question 12

Which of the following statements correctly distinguishes the Finance Commission from NITI Aayog?
(a) The Finance Commission is a constitutional body with a fund-devolution role; NITI Aayog is an extra-constitutional advisory body (b) Both are constitutional bodies with identical functions (c) NITI Aayog decides tax devolution; the Finance Commission only advises on policy (d) Both are statutory bodies created by Acts of Parliament

Accepted Answer

(a) The Finance Commission is a constitutional body with a fund-devolution role; NITI Aayog is an extra-constitutional advisory body.

NITI Aayog was created by an executive/Cabinet resolution in 2015, replacing the also-extra-constitutional Planning Commission, and has no role in tax devolution.

Question 13

An advisory opinion given by the Supreme Court under Article 143, on a reference made by the President, is:
(a) not binding on the President (b) binding on the President and all courts (c) binding only on the President, not on courts (d) automatically enacted as law

Accepted Answer

(a) not binding on the President.

This is a distinctive feature of the Article 143 advisory jurisdiction, separating it from the Supreme Court's ordinary judgments, which are binding.

Question 14

The Attorney General for India, appointed under Article 76, holds office:
(a) during the pleasure of the President, with no fixed term specified (b) for a fixed 6-year term (c) until the age of 65 (d) for a 5-year term coinciding with the Lok Sabha

Accepted Answer

(a) during the pleasure of the President, with no fixed term specified.

The Attorney General is the Union's highest law officer, not a member of Parliament, though entitled to speak in and take part in proceedings of either House without a vote.

Question 15

Public Interest Litigation (PIL) in India relaxed the traditional rule of:
(a) locus standi, allowing any public-spirited person to approach the court on behalf of others (b) territorial jurisdiction of courts (c) the burden of proof in criminal cases (d) the right to legal representation

Accepted Answer

(a) locus standi, allowing any public-spirited person to approach the court on behalf of others.

Pioneered by judges like P.N. Bhagwati and V.R. Krishna Iyer in the late 1970s/1980s, PIL enabled courts to be approached by public-spirited citizens on behalf of disadvantaged groups unable to access the judicial process themselves.

Practice — "Judiciary & Constitutional Bodies"

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