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DIRECTIONS:

Read the fol lowing passages carefully and answer the questions given below them. Certain words are given in bold to help you to locate them while answering some of the questions.

PASSAGE

An independent, able and upright judiciary is the hallmark of a free democratic country. Therefore, the process of judicial appointments is of vital importance. At present, on account of the Supreme Court's last advisory opinion, the role of the executive and its interference in the appointment of judges is minimal, which, in light of our previous experience, is most welcome. However, there is a strong demand for a National Judicial Commission on the ground of wider participation in the appointment process and for greater transparency. The composition, the role and the procedures of the proposed National Judicial Commission, must be clearly spelt out, lest it be a case of jumping from the frying-pan into the fire.

Recently, there has been a lively debate in England on the subject. A judicial commission has been proposed but there are not many takers for that proposal. In the paper issued this month by the Lord Chancellor's Department on judicial appointments, the Lord Chancellor has said, "I want every vacancy on the Bench to be filled by the best person available. Appointments must and will be made on merit, irrespective of ethnic origin, gender, marital status, political affiliation, sexual orientation, religion or disability. These are not mere words. They are firm principles. I will not tolerate any form of discrimination."

At present, there are hardly any persons from the ethnic minorities manning the higher judiciary and so far not a single woman has made it to the House of Lords. The most significant part of Lord Chancellor's paper is the requirement that "allegations of professional misconduct made in the course of consultations about a candidate for judicial office must be specific and subject to disclosure to the candidate". This should go a long way in ensuring that principles of natural justice and fair play are not jettisoned in the appointment process, which is not an uncommon phenomenon.

Question : 36

According to the passage, there has been a demand for a National Judicial Commission to

a) wipe out corruption at the highest places.

b) make the appointment process of judges more broad-based and clear.

c) make judiciary see eye to eye with executive.

d) clear the backing of court cases.

e) safeguard the interest of natural justice and fair play in judicial pronouncement.

Answer: (b)

This is what is implied by “greater transparency”.

Question : 37

Which of the following could be in the author’s mind when he says ‘in the light of our previous experience’?

a) Professional misconduct of judges.

b) Delay that occurred in the judicial appointments.

c) Interference of the executive in the appointment of judges.

d) Not having enough judges from backward communities.

e) None of these

Answer: (c)

Note the context carefully.

Question : 38

The role and procedure of the National Commission must be spelt out clearly

a) it will be represented by a cross-section of the society.

b) it will bring a qualitative change in the interpretation of law.

c) because judges will take judicial decisions on the basis of it.

d) because executive wing will depend on it heavily.

e) None of these

Answer: (e)

The passage does not give any specific reason.

Question : 39

What has been the subject of lively debate in England?

a) Seniority as the basis of appointment of judges

b) Appointment of judicial posts

c) Appointment of judicial commission

d) Role of judiciary in free and democratic nations

e) None of these

Answer: (c)

Question : 40

What, according to the author, is the typical characteristic of an independent democratic country?

a) Responsible, free and fair judiciary.

b) Lively and frank debate in the society on the role of judiciary.

c) Supreme Court’s advisory opinion on legal metters.

d) Objective process of judicial appointments.

e) None of these

Answer: (a)

See the first sentence of the passage.

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