Previous Year Question

Under the proviso (a) to Article 124(2) of the Constitution, a Judge of the Supreme Court may resign his office by a writing under his hand, and such resignation is addressed to the President. Therefore, it is not addressed to the Chief Justice of India, the senior-most Judge of the Supreme Court or the Prime Minister.

Under the same Article, a Judge of the Supreme Court ordinarily holds office until the age of 65 years. Before that age, the office may fall vacant through resignation or through the constitutionally prescribed process of removal.

The distinction between resignation and removal is important. Resignation is voluntary and is made by the Judge through a written communication addressed to the President, whereas removal of a Judge follows a separate constitutional procedure under Article 124(4).

A useful related fact is that a Judge of a High Court also addresses the resignation to the President, as provided under Article 217(1). Thus, in the context of resignation, Judges of both the Supreme Court and High Courts address their resignation to the President.