Q. With reference to the appointment and removal of Judges of the Supreme Court, which of the following statements is/are correct?
Select the correct answer using the code given below:
Q. With reference to the appointment and removal of Judges of the Supreme Court, which of the following statements is/are correct?
Select the correct answer using the code given below:
The correct option is C 3 only
Explanation:
Statement 1 is incorrect: Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand and seal after consultation with such of the Judges of the Supreme Court and of the High Court in the States as President may deem necessary for the purpose and shall hold office until he attains the age of 65 years.
The Supreme Court held that the consultation with the Chief Justice is not binding on the President. But the Court held that consultation should be effective.
Statement 2 is incorrect: The Indian Constitution says in Article 124(3) that in order to be appointed as a judge in the Supreme Court of India, the person has to fit in the following criteria:
- He/She is a citizen of India and
- has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
- has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
- is, in the opinion of the President, a distinguished jurist.
Statement 3 is correct: The Constitution of India also provides a set of regulations for the removal of the Supreme Court judge. Article 124(4) mentions those Removal regulations of the Supreme court judge as follows:
A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the president in same session for such removal on the ground of proved misbehavior or incapacity.
Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under the previous Clause.
Minimum qualifications for the Judge are prescribed in the constitution itself.
Once appointed, the judges can hold office until the complete 65 years. They cannot be removed during their tenure except on proved misbehavior or incapacity.
Explanation:
Statement 1 is incorrect: Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand and seal after consultation with such of the Judges of the Supreme Court and of the High Court in the States as President may deem necessary for the purpose and shall hold office until he attains the age of 65 years.
The Supreme Court held that the consultation with the Chief Justice is not binding on the President. But the Court held that consultation should be effective.
Statement 2 is incorrect: The Indian Constitution says in Article 124(3) that in order to be appointed as a judge in the Supreme Court of India, the person has to fit in the following criteria:
- He/She is a citizen of India and
- has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
- has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
- is, in the opinion of the President, a distinguished jurist.
Statement 3 is correct: The Constitution of India also provides a set of regulations for the removal of the Supreme Court judge. Article 124(4) mentions those Removal regulations of the Supreme court judge as follows:
A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the president in same session for such removal on the ground of proved misbehavior or incapacity.
Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under the previous Clause.
Minimum qualifications for the Judge are prescribed in the constitution itself.
Once appointed, the judges can hold office until the complete 65 years. They cannot be removed during their tenure except on proved misbehavior or incapacity.
