Polity & Governance The Judiciary UPSC Practice Questions

Judiciary — Practice Questions

UPSC Prelims-pattern practice questions on the Supreme Court and High Courts — tenure, special leave, removal of judges, curative petitions, advisory opinions.

5 Questions Updated Oct 2026 #upsc#practice-questions#polity

Questions

These are original UPSC-pattern practice questions. Attempt each one before revealing the answer.

UPSC Practice · Prelims GS I Qjd-1

Consider the following statements:

  1. A judge of the Supreme Court holds office until the age of 65 years.
  2. A judge of a High Court holds office until the age of 62 years.
  3. The retirement age of High Court judges was raised from 60 to 62 years by the 42nd Constitutional Amendment.

Which of the statements given above is/are correct?

  1. A 1 and 2 only
  2. B 2 only
  3. C 1 and 3 only
  4. D 1, 2 and 3
Solution

Statements 1 and 2 are correct (Articles 124(2) and 217(1)). Statement 3 is incorrect — the increase from 60 to 62 came through the 15th Amendment (1963).

Answer: A

UPSC-pattern practice question
UPSC Practice · Prelims GS I Qjd-2

Special leave to appeal under Article 136 cannot be granted by the Supreme Court against a judgment or order of which of the following?

  1. A A High Court
  2. B A court-martial
  3. C An administrative tribunal set up under Article 323A
  4. D A district court
Solution

Article 136(2) excludes any court or tribunal constituted under a law relating to the Armed Forces. Special leave may be granted against every other court or tribunal in India.

Answer: B

UPSC-pattern practice question
UPSC Practice · Prelims GS I Qjd-3

How many of the following statements about the removal of a judge of the Supreme Court are correct?

  1. A removal motion must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
  2. The inquiry committee includes a distinguished jurist.
  3. The motion must be passed by each House by a special majority in the same session.
  4. Violation of the Constitution is a ground for removal.
  1. A Only one
  2. B Only two
  3. C Only three
  4. D All four
Solution

Statements 1, 2 and 3 are correct (Article 124(4) and the Judges (Inquiry) Act, 1968). Statement 4 is incorrect — the grounds are proved misbehaviour or incapacity; “violation of the Constitution” is the ground for impeaching the President. So three.

Answer: C

UPSC-pattern practice question
UPSC Practice · Prelims GS I Qjd-4

The concept of the curative petition was evolved by the Supreme Court in which case?

  1. A S.P. Gupta v. Union of India (1981)
  2. B Kesavananda Bharati v. State of Kerala (1973)
  3. C L. Chandra Kumar v. Union of India (1997)
  4. D Rupa Ashok Hurra v. Ashok Hurra (2002)
Solution

Rupa Ashok Hurra (2002) created the curative petition as a last remedy after a review petition is dismissed, to cure a gross miscarriage of justice. S.P. Gupta is the First Judges case; Kesavananda laid down the basic structure; L. Chandra Kumar concerned tribunals and judicial review.

Answer: D

UPSC-pattern practice question
UPSC Practice · Prelims GS I Qjd-5

Consider the following statements about the advisory jurisdiction of the Supreme Court under Article 143:

  1. The Supreme Court is bound to give its opinion on every question referred under Article 143(1).
  2. The opinion given by the Supreme Court is binding on the President.
  3. On disputes arising out of pre-Constitution treaties referred under Article 143(2), the Supreme Court must give its opinion.

Which of the statements given above is/are correct?

  1. A 1 only
  2. B 3 only
  3. C 1 and 2 only
  4. D 2 and 3 only
Solution

Statement 1 is incorrect — under Article 143(1) the Court may give its opinion and has declined in some references. Statement 2 is incorrect — the opinion is advisory. Statement 3 is correct — under Article 143(2) the Court must give its opinion.

Answer: B

UPSC-pattern practice question

Mains

UPSC Practice · Mains GS II 10 marks · 150 words Qjd-m1

Distinguish between judicial activism and judicial overreach. How can the judiciary maintain the balance envisaged by the separation of powers?

Solution

Introduction: Judicial activism is the proactive use of judicial power to protect rights and enforce constitutional duties when other organs fail; judicial overreach is when courts move into policy-making or executive administration.

Body:

  • Activism — examples: PIL and relaxed locus standi (S.P. Gupta, 1981); speedy trial and undertrials (Hussainara Khatoon, 1979); expansion of Article 21; environmental protection.
  • Overreach — concerns: courts framing policy or administering programmes; directions with large fiscal implications; continuing mandamus without clear end-points; use of Article 142 in ways that bypass legislation.
  • Maintaining balance:
    • Judicial restraint where policy choices belong to elected bodies.
    • Clear, time-bound directions with monitoring by the executive.
    • Respect for the doctrine of separation of powers, itself part of the basic structure.
    • Strengthening executive and legislative capacity so that courts need not fill gaps.

Conclusion: Activism is legitimate when it enforces the Constitution; it becomes overreach when it replaces the judgement of accountable institutions. Self-restraint is the judiciary’s own best safeguard.

UPSC-pattern practice question