Question 1

The President of India appoints District Judges.

Accepted Answer

District Judges are appointed by the Governor of the State in consultation with the High Court exercising jurisdiction over the state, as per Article 233(1).

Question 2

All Supreme Court cases are heard by a Constitution Bench.

Accepted Answer

A Constitution Bench requires a minimum of five judges and is formed only under specific constitutional mandates, such as when a case involves a 'substantial question of law as to the interpretation of the Constitution' (Article 145) or a Presidential reference (Article 143).

Question 3

Direct recruitment to the post of District Judge is open to any candidate who holds a valid law degree.

Accepted Answer

Article 233(2) restricts direct recruitment for District Judges to individuals who have been an advocate or pleader for not less than seven years, and they must be recommended by the High Court.

Question 4

Consider the following statements regarding the appointment and structure of the District Judiciary in India:
1. District Judges are appointed by the Governor of the State on the binding advice of the State Public Service Commission.
2. Article 233(2) mandates that a person eligible for direct appointment as a District Judge must have been an advocate or pleader for not less than seven years.
3. A Constitution Bench of the Supreme Court, mandated to have a minimum of five judges, is constituted under Article 145(3) to decide substantial questions of constitutional interpretation.
How many of the above statements are correct?

Accepted Answer

(b) Only two — Statement 1 is incorrect: Under Article 233(1), District Judges are appointed by the Governor in consultation with the High Court, not the State Public Service Commission. Statement 2 is correct: Article 233(2) explicitly requires a minimum of 7 years of practice as an advocate or pleader. Statement 3 is correct: Article 145(3) mandates at least 5 judges for a Constitution Bench to interpret substantial constitutional questions. Therefore, exactly two statements are correct.

Question 5

Match List I (Constitutional Provisions / Cases) with List II (Subject Matter):
List I
A. Article 233(1)
B. Article 233(2)
C. Article 145(3)
D. All India Judges Association Case (2002)
List II
1. Minimum number of judges for interpreting the Constitution
2. Establishment of percentage quotas for Higher Judicial Service appointments
3. Eligibility criteria and bar on government servants for direct recruitment of District Judges
4. Appointment of District Judges by the Governor in consultation with the High Court

Accepted Answer

(a) A-4, B-3, C-1, D-2 — A matches 4: Article 233(1) outlines the Governor's power to appoint District Judges in consultation with the High Court. B matches 3: Article 233(2) establishes the 7-year practice rule and bars those already in Union/State service from direct recruitment. C matches 1: Article 145(3) requires a minimum 5-judge Constitution Bench. D matches 2: The All India Judges Association case (2002) fixed the structural quotas (now 65/10/25) for judicial appointments.

Question 6

Assertion (A): Under the current established legal precedent, a serving Civil Judge (Senior Division) with 8 years of prior practice as a lawyer is automatically eligible to apply for the 25% direct recruitment quota for District Judges.
Reason (R): Article 233(2) explicitly states that a person must not already be in the service of the Union or of the State to be eligible for direct recruitment as a District Judge.
Select the correct answer from the codes given below:

Accepted Answer

(d) A is false but R is true — Assertion (A) is false. As per the 2020 Dheeraj Mor judgment (the current precedent until the Constitution Bench decides otherwise), serving judicial officers are barred from the direct recruitment quota; they must use the promotional or limited competitive exam routes. Reason (R) is true. Article 233(2) explicitly mandates that the candidate must 'not already be in the service of the Union or of the State'. This strict wording is exactly why serving judges are currently barred and is the crux of the Rejanish K.V. referral.

SC Refers District Judge Appointment Quota to Constitution Bench

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