UPSC IAS - 2012

What is the provision to safeguard the autonomy of the Supreme Court of India? 1) While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India. 2) The Supreme Court Judges can be removed by the Chief Justice of India only. 3) The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote. 4) 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 statements given above is/are correct?

Year Asked: 2012

A
1 and 3 only
B
3 and 4 only
C
4 only
D
1, 2, 3 and 4

Correct Answer

A. 1 and 3 only

Detailed Explanation

The correct answer is A) 1 and 3 only. Statements 1 and 3 are correct; 2 and 4 are wrong.

Statement 1 is correct. Article 124(2) requires the President to consult the CJI, and other judges he considers necessary, before appointing a Supreme Court judge. This consultation is mandatory, and the Second and Third Judges Cases developed it into the collegium system.

Statement 2 is wrong. Under Article 124(4), a judge can be removed only by the President after an address by each House of Parliament, passed by a special majority, on proved misbehaviour or incapacity. The CJI has no role in removal.

Statement 3 is correct. Under Article 125(2), judges' salaries are charged on the Consolidated Fund of India, so Parliament does not vote on them (Article 112(3)(d)).

Statement 4 is wrong. Under Article 146(1), appointments of officers and staff of the Supreme Court are made by the CJI or an officer he directs, not by the Government. Service rules are framed with the President's approval under Article 146(2).

Core concept: institutional independence of the judiciary. It links to the basic structure doctrine and to Mains questions on the collegium versus the NJAC, which the Supreme Court struck down in 2015.

Trap: Candidates pick statement 2 by mixing up the CJI's administrative role with the removal process, or pick statement 4 by assuming the executive controls all appointments.

This question appeared in UPSC Prelims 2012 GS Paper-1.

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