Question

In the context of the appointment of judges to the Supreme Court in India, which of the following statements are accurate according to the provisions in the Indian Constitution?

1. The judges of the Supreme Court are appointed by the President of India
2. Salaries, allowances, privileges, leave, and pension of Supreme Court judges are also determined by the President
3. After retirement, a judge of the Supreme Court is prohibited from practicing law in any court in India or pleading before any government authority.
4. There is no prescribed minimum age limit for a judge's appointment.

• A. ii, iv
• B. All
• C. i, iii, iv
• D. iii only

Answer 1

Answer:

C. i, iii, iv

Appointment of judges to the Supreme Court in India

• The Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution.
• The President consults with judges of the Supreme Court and High Courts to make informed appointments
• Appointed judges must take an oath before the President or an authorized person.
• The oath includes commitments to uphold the Constitution, India's sovereignty, and perform duties impartially.

Tenure and Resignation:

• There is no minimum age limit for a judge's appointment.
• Judges serve until the age of 65, but can resign earlier with the President's approval.

Salaries and Allowances:

• It is the Parliament which determines salaries, allowances, privileges, and pension for Supreme Court judges.
• These financial benefits are charged upon the Consolidated Fund of India.

Post-retirement Restrictions:

• Retired judges cannot practice law in any Indian court or plead before any government authority.
• Article 128 allows retired judges to be called back with the President's prior permission.

Removal:

• SC Judges can only be removed by a Presidential order, following an address by each House of Parliament.
• Grounds for removal include proven misbehaviour or incapacity.
• Parliament can regulate the process for investigating and proving misconduct.