Daily Quiz: UPSC Prelims Marathon – October 17, 2018

Statement 1 is correct. The judges of the Supreme Court are appointed by the president. The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary. The other judges are appointed by president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.

Statement 2 is incorrect. The Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

Statement 3 is incorrect. A judge of the Supreme Court can be removed from his Office by an order of the President. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal.5 The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). The grounds of removal are two—proved misbehaviour or incapacity.

Both the statements are correct. The Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the judicial system with the Supreme Court at the top and the high courts below it. Under a high court, there is a hierarchy of subordinate courts. This single system of courts enforces both central laws as well as the state laws.

The Supreme Court does not regard itself bound by its own previous decisions and feels free to overrule them if it thinks that to be necessary.

The ‘catch-up’ rule was explained in the Nagaraj judgement, holding that if a senior general candidate was promoted after SC and ST candidates, he would gain his seniority on promotion in relation to the juniors who had been promoted against reserved vacancies.

Statement 1 is incorrect. There is no provision of appointing distinguished jurist as a judge of high courts. This provision is there for appointing judge of Supreme Court only.

Statement 2 is incorrect. State legislature has no powers with respect to removal of the judge of high courts. He can be removed by the President after an address by the Parliament has been presented to him in the same session.

Statement 3 is incorrect. There are only two grounds for removal of high courts/Supreme Court judges-proved misbehavior or incapacity.

Statement 1 is incorrect. For uniformity of legislation nationwide parliament make laws on matter present in Union list and concurrent list.

Statement 2 is incorrect. This is not the main objective as the constitution provides clear cut distribution of legislative powers between the Centre and the states.

Statement 3 is incorrect. There is a Parliamentary System of Government in India because the Council of Ministers is responsible to the Lok Sabha. It has nothing to do with residuary power of the Parliament.

Statement 4 is correct. Article 248 says that the parliament has exclusive power to make laws on matters not present in union list, State list and Concurrent list.

The Constitution can alter the boundaries of any state (Article 3). A Bill contemplating such an alteration can be introduced in the Parliament only with the prior recommendation of the President; and before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.

The President (or Parliament) is not bound by the views of the state Legislature and may either accept or reject them, even if views are received in time.

The Supreme Court in 1969 ruled that settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian Territory to a foreign country.

Indian Territory can be ceded to a foreign state only by amending the Constitution under Article 368.

Under Article 3, the Parliament is authorized to form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state. Such laws can be passed by a simple majority and by the ordinary legislative process.