Higher Judiciary: Supreme Court and High Courts: UPSC Previous Year Questions (Polity)
2 previous year UPSC Prelims questions on Higher Judiciary: Supreme Court and High Courts (Polity). Choose an option to see the answer and explanation.
Explanations state facts as of the year each question was asked; words like “recently” refer to that year.
Showing 1–2 of 2 questions
UPSC 2019Polity · Higher Judiciary: Supreme Court and High Courts
Q1. Consider the following statements: 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968. 2. The Constitution of India defines and gives details of what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India. 3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968. 4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting. Which of the statements given above is/are correct?
Explanation
Judges (Inquiry) Act, 1968 was passed to regulate the procedure for the investigation and proof of the misbehaviour or incapacity of a judge of the Supreme Court or of a High Court.
Statement 1 is incorrect: As per the Judges (Inquiry) Act, 1968, a removal motion signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha) is to be given to the Speaker/ Chairman. The speaker has the discretion to accept or reject the motion. Statement is 2 incorrect: The Constitution of India does not define and gives details of the expression ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India which are the ground for the impeachment of the Judges.
Statement 3 is correct: The details of the process of impeachment of the Judges of the Supreme Court of India is governed by the Judges Enquiry Act (1968).
Statement 4 is correct: If the motion for the impeachment of a Judge is taken up for voting, the law requires that the motion be passed by a ‘special majority’ i.e. majority of the total membership of the House and majority of not less than two thirds members present and voting.
Additional insight:
After removal motion is admitted, then the Speaker/ Chairman is to constitute a three-member committee to investigate the charges. The committee should consist of the chief justice or a judge of the Supreme Court, a chief justice of a high court, and a distinguished jurist.
Exam tip:
"For S1, Trap: "cannot be rejected" --> Absolute language. Hence likely false. For S2, Trap: Constitution gives details Ask: "Is Constitution ever very detailed about such sub-jective terms?" No. Terms like ‘proved misbehaviour’ and ‘incapacity’ are undefined, left to interpretation. Hence likely false too."
UPSC 2019Polity · Higher Judiciary: Supreme Court and High Courts
Q2. With reference to the Constitution of India, prohibition or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
Explanation
Article 142 of the Indian Constitution deals with the Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc. The SC Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. Article 142 empowers the Supreme Court to make orders that may not be bound by existing laws enacted by Parliament, enabling the Court to act in ways that ensure complete justice.
Answer key for these questions
Q
UPSC year
Correct answer
1
2019
(c) 3 and 4 only
2
2019
(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
Frequently asked questions
How many previous year UPSC questions are there on Higher Judiciary: Supreme Court and High Courts?
This page covers 2 previous year UPSC Prelims GS Paper-I questions on Higher Judiciary: Supreme Court and High Courts (Polity), asked from 1996 to 2023. Each has the correct answer and an explanation.
How should I use previous year UPSC questions for Prelims?
Attempt each question first, then open the answer and read the explanation for every option. Repeat by chapter, and track which statements UPSC reuses across years. Previous year questions show the exam pattern and difficulty level.
Which years are covered for Higher Judiciary: Supreme Court and High Courts?
Questions on Higher Judiciary: Supreme Court and High Courts (Polity) are available for 17 years, from 1996 to 2023. Use the Year filter to practise a single paper.
