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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Important Acts and Laws for Judiciary Exams  >  Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Judiciary Exams MCQ

Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Judiciary Exams MCQ


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15 Questions MCQ Test Important Acts and Laws for Judiciary Exams - Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer

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Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 1
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What significant change in the judicial appointment process in India was established by the Advocate on Record Association v. Union of India case in 1993?

Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 1
The Advocate on Record Association v. Union of India case in 1993 led to the establishment of the Collegium system in India for judicial appointments and transfers. This system involves a panel consisting of the Chief Justice of India and the two senior-most Supreme Court judges, which plays a pivotal role in determining and recommending appointments and transfers within the judiciary. The Collegium system significantly shifted the authority and decision-making power in judicial appointments from the executive branch to the judiciary, marking a crucial development in the evolution of the Indian judiciary.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 2
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What significant event led to the establishment of the Collegium system for judicial appointments in India?

Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 2
The establishment of the Collegium system for judicial appointments in India was a result of the Advocate on Record Association v. Union of India case in 1993. This case led to the formation of a panel consisting of the Chief Justice of India and the two senior-most Supreme Court judges to make decisions regarding judicial appointments and transfers. The Collegium system aimed to ensure a transparent and independent process for judicial appointments, emphasizing the judiciary's supremacy in such matters.
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Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 3
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What is the significance of consulting the Chief Justice of India in the appointment process of Judges in the Indian judiciary system?

Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 3
Consulting the Chief Justice of India in the appointment process of Judges is crucial to maintain transparency and accountability within the judiciary. This step ensures that the highest judicial authority in the country has a say in the selection of new Judges, promoting fairness and integrity in the appointment process. This practice helps uphold the principles of judicial independence and ensures that qualified and deserving candidates are appointed to serve on the bench, ultimately strengthening the credibility and effectiveness of the Indian judiciary system.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 4
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What was the primary concern addressed by Dr. Ambedkar regarding the appointment of judges to the Supreme Court?
Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 4
Dr. Ambedkar emphasized the need to avoid absolute power in the hands of any one authority when it came to appointing judges to the Supreme Court. Concentrating such power in a single authority could potentially lead to errors or biases in the selection process. This balanced approach advocated by Dr. Ambedkar aimed to ensure a fair and transparent system of judge appointments, safeguarding the independence and integrity of the judiciary within the democratic framework.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 5
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What historical event in 1973 disrupted the traditional practice of appointing the senior-most judge as the Chief Justice of India, introducing the 'committed judges theory'?
Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 5
In 1973, the appointment of Justice A.N. Ray as the Chief Justice of India over three more senior judges disrupted the longstanding tradition of appointing the senior-most judge to the position. This decision introduced the 'committed judges theory', which marked a significant departure from the established norm in judicial appointments.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 6
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What significant event led to a conflict between the executive and the judiciary in 1973 regarding judicial appointments in India?
Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 6
The conflict between the executive and the judiciary in 1973 regarding judicial appointments in India was sparked by the appointment of Justice A.N. Ray as the Chief Justice of India. This event set the stage for a power struggle and initiated challenges to executive interference in judicial appointments, ultimately leading to significant legal battles like the First Judges Case. This case marked a crucial moment in the evolution of the judicial appointment process in India, highlighting the tensions between the branches of government and the need to establish clear guidelines for such appointments.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 7
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What pivotal event led to a conflict between the executive and the judiciary in 1973 regarding the appointment of the Chief Justice of India (CJI)?
Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 7
The conflict between the executive and the judiciary in 1973 was sparked by Justice A.N. Ray's appointment as the Chief Justice of India. This event set the stage for a power struggle and highlighted the importance of judicial independence in the process of appointing key judicial figures. Such conflicts have historically shaped the dynamics between the executive and the judiciary, emphasizing the significance of a fair and transparent appointment process to maintain the integrity of the judicial system.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 8
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What was the primary purpose of the National Judicial Appointments Commission (NJAC) proposed in India during the NJAC Era?
Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 8
The primary purpose of the National Judicial Appointments Commission (NJAC) proposed during the NJAC Era in India was to involve multiple decision-makers in the appointment and transfer of judges within the higher judiciary. This proposed body aimed to introduce a system where the judiciary's power in these matters would be shared with other designated officials, thereby mitigating concerns such as bias through a collaborative decision-making process.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 9
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What was the key proposal made by the Ad Hoc Committee in 1949 regarding the appointment of judges?
Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 9
The Ad Hoc Committee formed in 1949 recommended a method for appointing judges that involved a panel of 11 members, which included Chief Justices of High Courts and members of both houses. This panel was responsible for nominating judges, with at least 7 members needing to confirm the nominations before they were presented to the President for final approval. This proposal aimed to ensure a collaborative and thorough process in judicial appointments.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 10
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How has the composition of the National Judicial Appointment Commission (NJAC) shifted according to Article 124A of the Constitution?
Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 10
Article 124A outlines the composition of the National Judicial Appointment Commission, indicating a shift towards increased executive representation. This change has reduced the number of judges in the Commission, thereby diminishing the judiciary's influence in the appointment process. The evolving composition highlights a notable imbalance in power between the judiciary and the executive within the Commission.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 11
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What was the primary reason behind the Supreme Court's rejection of the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment?
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The Supreme Court's rejection of the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment was primarily due to the incompatibility of these with the basic structure of the Constitution. The judiciary plays a crucial role in upholding the principles of the Constitution, and any legislation that undermines its independence and integrity is deemed unconstitutional. This decision reaffirmed the significance of safeguarding the core values and principles that uphold the judicial system's functioning and impartiality.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 12
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What potential risk does the veto power introduced by the NJAC Act pose in the judicial appointment process?
Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 12
The veto power introduced by the NJAC Act poses the potential risk of undermining the authority of the Chief Justice in the judicial appointment process. This provision allows two members of the Commission to overrule recommendations made by the Chief Justice and other members, potentially leading to non-judicial factors influencing appointments and threatening judicial independence.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 13
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What is the primary responsibility of the Chief Justice of India within the collegium system for appointing and transferring judges?
Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 13
The Chief Justice of India, as the head of the collegium system, plays a crucial role in approving recommendations for judicial appointments. This responsibility involves thoroughly assessing and endorsing the names put forward by the High Court collegium before they are forwarded to the government. It underscores the significant influence and decision-making power that the Chief Justice of India holds in the process of appointing and transferring judges within the judiciary.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 14
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What is the primary responsibility of the Chief Justice of India within the collegium system for judicial appointments?
Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 14
The primary responsibility of the Chief Justice of India within the collegium system is to recommend names for judicial appointments. The Chief Justice, along with the four most senior judges of the Supreme Court, plays a crucial role in selecting and recommending candidates for appointment as judges. This process is a key aspect of how judges within the higher judiciary are appointed in India.
Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 15
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What key development led to the resurgence of the Collegium System in India's judicial appointments process?
Detailed Solution for Test: Judicial Review of Chief Justice of India’s Power to Appoint and Transfer - Question 15
The Collegium System resurfaced in India following the failure of the National Judicial Appointments Commission (NJAC). The NJAC, which was intended to reform the process of judicial appointments, was struck down by the Supreme Court, leading to the reinstatement of the Collegium System. The Collegium System involves a group of high-ranking judges making decisions on appointments and transfers within the judiciary, highlighting the significance of judicial independence in the country's legal framework.
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