UPSC Essentials : Daily subject-wise quiz | Polity and Governance MCQs on CJI, parliamentary privileges and more (Week 85)

1. According to the ‘Memorandum of Procedure for the appointment of Supreme Court Judges (MoP)’ the appointment process begins when “The Union Minister of Law, Justice and Company Affairs would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India”. 

2. As per the process laid down in the MoP, the presiding CJI advises the President in the matter of appointment of the next CJI.

Which of the statements given above are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Explanation

What is the process for appointing the CJI?

By convention, the seniormost judge of the SC (based on years of experience as a judge in the apex court) becomes the CJI. This process has now been put down in the ‘Memorandum of Procedure for the appointment of Supreme Court Judges’ (henceforth, referred to as the MoP).

BASIS OF APPOINTMENT: The MoP says that the “appointment to the office of the Chief Justice of India should be of the seniormost Judge of the Supreme Court considered fit to hold the office”. Even before the MoP was agreed upon in 1999, the seniormost judge of the Supreme Court after the CJI was by convention elevated to the top post.

HOW THE PROCESS BEGINS: According to the MOP, the appointment process begins when “The Union Minister of Law, Justice and Company Affairs would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India”. By convention, the “appropriate time” for the process to begin is a month before the date of retirement of the incumbent CJI. Hence, statement 1 is correct. 

CENTRAL GOVERNMENT APPROVAL: As per the process laid down in the MoP, “after receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice…will put up the recommendation to the Prime Minister who will advise the President in the matter of appointment”. Though the final word on appointing the next CJI technically lies with the Centre, by convention the Centre tends to appoint whoever the presiding CJI recommends as her successor. Hence, statement 2 is not correct.

Therefore, (a) is the correct answer. 

QUESTION 2

With refernce to parliamentary privileges and immunities, consider the following statements:

1. No law has so far been enacted by Parliament in pursuance of article 105(3) of the Constitution to define the powers, privileges and immunities available to each House and its Members and the Committees thereof.

2. A person may be guilty of contempt of the House only if he violates any of the privileges of the House.

Which of the above given statements is/are not true?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Explanation

According to sansad.in,

“No law has so far been enacted by Parliament in pursuance of article 105(3) of the Constitution to define the powers, privileges and immunities available to each House and its Members and the Committees thereof. In the absence of any such law, the powers, privileges and immunities of the Houses of Parliament, and of the Members and the Committees thereof, shall be those of that House and of its Members and Committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.” Hence, statement 1 is correct. 

“Contempt of the House may be defined generally as any act or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedes any Member or officers of such House in the discharge of his or her duty, or which has a tendency, directly or indirectly, to produce such results even though there is no precedent of the offence. Whereas all breaches of privilege are contempts of the House, a person may be guilty of a contempt of the House even though he does not violate any of the privilege of the House.” Hence, staetement 2 is not correct. 

Therefore, (a) is the correct answer. 

QUESTION 3

State of Karnataka v Shri Ranganatha Reddy (1977), seen in the news is related to:

(a) Extent to which private (non-State) parties are required to respect the Article 19 and 21 rights of other persons.

(b) Constitutionality of requiring an accused person to provide a voice sample.

(c) Live streaming of court proceedings and the Supreme Court’s guidelines.

(d) Nationalization of private property.

Explanation

In a landmark ruling that has implications on the citizen’s right to hold property, a nine-judge bench of the Supreme Court Tuesday ruled that not all private property can be deemed “material resource of the community” for redistribution under Article 39(b) of the Constitution.

The phrase “material resource” in Article 39(b) of the Constitution “may include privately owned resources… not all privately owned resources fall within the ambit of the phrase”, the majority opinion of the SC said.

The ruling in the constitutional reference essentially undoes several decades of Supreme Court jurisprudence on the issue. A line of judgments holding that both public and private resources fell within the ambit of “material resources of the community” under Article 39(b) stem from a minority opinion by Justice V R Krishna Iyer in State of Karnataka v Shri Ranganatha Reddy (1977).

A 1982 five-judge constitution bench ruling, authored by Justice O Chinnappa Reddy in the case Sanjeev Coke Manufacturing Company vs Bharat Coking Coal Ltd, had affirmed Justice Iyer’s view.

Therefore, (d) is the correct answer.

QUESTION 4

He is appointed by the President of India and has a special procedure for removal (like a Supreme Court Judge). His salary and expenses charged (not Voted) to the Consolidated Fund of India. He is disallowed to hold any other Government office after his term expires.

Who is referred to in the above lines? 

(a) National Security Advisor

(b) Chief Economic Advisor 

(c) Comptroller and Auditor General of India

(d) Attorney General of India

Explanation

As per cag.gov.in, 

The Constitution enables the independent and unbiased nature of audit by the CAG by providing for: 

1. His appointment by the President of India 

2. Special procedure for removal (like a Supreme Court Judge) 

3. Salary and expenses Charged (not Voted) to the Consolidated Fund of India 

4. Disallowing his holding any other Government office after his term expires

(Refer Article 148-151 of the Constitutuion of India)

Therefore, (c) is the correct answer. 

QUESTION 5

What is India Code?

(a) It is AI enabled translation facility for legal documents by Government of India. 

(b) It is a digital repository of Central, State & Union Territory legislations. 

(c) It is a nodal point for addressing cybercrime in India.

(d) India’s legal literacy and legal awareness programme.  

Explanation

According to indiacode.nic.in,

“It is a database of all Central enactments which are in force and their subordinate legislations made from time to time. With the help of this system, retrieving of any Central Act and its relevant subordinate legislations of one’s interest in an up-to-date form has been simplified and made extremely user-friendly and accessible at push of few buttons. It also contains Legislations enacted by the States and Union Territory Administrations along with their relevant subordinate legislations.”

Therefore, (b) is the correct answer. 

Previous Daily Subject-Wise-Quiz

Daily subject-wise quiz —History, Culture and Social Issues (Week 85)

Daily subject-wise quiz — Polity and Governance (Week 84)

Daily subject-wise quiz — Environment, Geography, Science and Technology (Week 84)

Daily subject-wise quiz — Economy (Week 84)

Daily subject-wise quiz – International Relations (Week 84)

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