UPSC Mains Law Paper Topic : Supreme Courts and High Courts: Appointments and Transfer

UPSC Mains Law Paper Topic : Supreme Courts and High Courts: Appointments and

Transfer

  1. A lawyer challenges the appointment of P as a judge of the High Court on the ground that the Chief Justice of India did not recommend the name of P when the President consulted him. Identify the issues involved in this case. (94/I/4a/30)
  2. The judge of a High Court was transferred by the Presidential order to another High Court. D challenges the  transfer on the ground that the order was issued without his consent and without the concurrence of the Chief Justice of India. Examine the legal issues involved. (95/I/4a/30)
  3. Examine whether the opinion of the Chief - Justice of India in regard to the appointment of Judges to the Supreme Court and High Courts is entitled to primacy. Can the President of India disregard the said opinion when it is in conflict with the advice tendered by the Council of Ministers? Refer to the constitutional issues and the case-law on the point. (96/I/4a/30)
  4. “The recent judicial pronouncement on the question of the appointment of the judges of the Supreme Court and the High Courts is dominated by the emphasis on integrated participatory consultative process for selecting the best and most suitable persons available for the appointment.” Elucidate the above statement highlighting the norms laid down by the Supreme Court for appointment of the judges of the Supreme Court and the High Courts and for transfer of the judges of the High Courts. (01/I/4a/30)
  5. Examine in detail the provisions of the Constitution regarding appointment of Judges of the Supreme Court of India. Is it necessary to constitute a Commission to ”review and reform the prevailing provisions of the Constitution in this regard? Give reasons. (04/I/2b/30)
  6. How would you judge the constitutional validity of an Amendment giving primacy to the executive in the matter of appointment of the judges of the Supreme Court and High Courts? (09/I/1d/20
  7. ‘Equality is a dynamic concept with many aspects and dimensions, and it cannot be cribbed, cabined or confined within traditional and doctrinaire limits.’ Explain, how the judiciary has widened the scope of the right to equality by various decision. (11/I/2a/20)

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