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Question
Q. With reference to Judiciary in India, consider the following:
Which of the above features have the same criteria for both a Supreme Court judge and a High Court judge?
Q. With reference to Judiciary in India, consider the following:
Which of the above features have the same criteria for both a Supreme Court judge and a High Court judge?Open in App
Solution
The correct option is C
1, 2, 4 and 5 only
Explanation:
Statement 1 is correct: The Constitution has not fixed the tenure of a judge of the Supreme Court and a judge of a high court.
Statement 2 is correct: Security of Tenure is provided to the judges of the both Supreme Court and High Courts. This is because they can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution. This means that they do not hold their office during the pleasure of the President, though they are appointed by him.
Statement 3 is incorrect but Statement 4 is correct: The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India.
The salaries and allowances of the judges, the salaries, allowances and pensions of the staff as well as the administrative expenses of a high court are charged on the consolidated fund of the state. It should be noted here that the pension of a high court judge is charged on the Consolidated Fund of India and not the state.
Statement 5 is correct: A judge of a high court can be removed in the same manner and on the same grounds as a judge of the Supreme Court. This can be explained as
- They can be removed from his office by an order of the President.
- The President can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal in both cases.
- The addresses must be supported by a special majority of each House of Parliament.
- Further, the grounds of removal are also the same i.e. proved misbehaviour or incapacity.
1, 2, 4 and 5 only
Explanation:
Statement 1 is correct: The Constitution has not fixed the tenure of a judge of the Supreme Court and a judge of a high court.
Statement 2 is correct: Security of Tenure is provided to the judges of the both Supreme Court and High Courts. This is because they can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution. This means that they do not hold their office during the pleasure of the President, though they are appointed by him.
Statement 3 is incorrect but Statement 4 is correct: The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India.
The salaries and allowances of the judges, the salaries, allowances and pensions of the staff as well as the administrative expenses of a high court are charged on the consolidated fund of the state. It should be noted here that the pension of a high court judge is charged on the Consolidated Fund of India and not the state.
Statement 5 is correct: A judge of a high court can be removed in the same manner and on the same grounds as a judge of the Supreme Court. This can be explained as
- They can be removed from his office by an order of the President.
- The President can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal in both cases.
- The addresses must be supported by a special majority of each House of Parliament.
- Further, the grounds of removal are also the same i.e. proved misbehaviour or incapacity.
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