Previous Year Question
What is the provision to safeguard the autonomy of the Supreme Court of India?
While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
The Supreme Court Judges can be removed by the Chief Justice of India only.
The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.
Which of the statement(s) given above is/are correct?
1 and 3
3 and 4
Only 4
All of these
Correct Answer: A
Detailed Solution
Statement 1 is correct.
Under Article 124(2), judges of the Supreme Court are appointed by the President.
The President consults such judges of the Supreme Court and High Courts as the President may deem necessary.
Consultation with the Chief Justice of India is mandatory in the appointment of a Supreme Court judge other than the Chief Justice of India.
Under the present appointment mechanism, the collegium system developed through Supreme Court judgments also performs an important role.
Statement 2 is incorrect.
The Chief Justice of India cannot remove a Supreme Court judge.
Under Article 124(4), a judge may be removed by the President on the ground of proved misbehaviour or incapacity.
Each House of Parliament must pass an address for removal in the same session by a special majority.
This requires a majority of the total membership of the House and at least two-thirds of the members present and voting.
Statement 3 is correct.
Expenditure relating to the salaries and pensions of Supreme Court judges is charged on the Consolidated Fund of India.
Charged expenditure is not submitted to the vote of Parliament, although it may be discussed.
This prevents the judiciary from becoming dependent upon the annual vote of the executive or legislature for its financial requirements.
Under Article 125, the privileges, allowances and pensionary rights of a judge ordinarily cannot be varied to the judge’s disadvantage after appointment.
Statement 4 is incorrect.
Under Article 146(1), appointments of officers and servants of the Supreme Court are made by the Chief Justice of India or by a judge or officer authorised by the Chief Justice.
Therefore, all such appointments are not made by the Government after merely consulting the Chief Justice.
The President may prescribe that consultation with the Union Public Service Commission is necessary for certain specified posts.