UPPSC PCS - 2014
A judge of the Supreme Court may resign his office by writing a letter to
Year Asked: 2014
Correct Answer
B. The President
Detailed Explanation
The answer is B, the President. Article 124(2) of the Constitution says a Supreme Court judge may resign by writing under his hand addressed to the President. The President is also the appointing authority under Article 124(2), so the resignation goes to the same office that appointed him. The Chief Justice, Prime Minister or Law Minister have no formal role in accepting it.
Why the others fail:
- A) Chief Justice: The CJI is not the authority for resignation. Only the President receives it.
- C) Prime Minister: The PM advises the President on many matters but has no formal role in a judge's resignation letter.
- D) Law Minister: The Union Law Minister is a ministry-level functionary. The Constitution does not route resignation through him.
Core concept: security of tenure. Judges hold office till 65 (Article 124(2)), can be removed only by impeachment under Article 124(4) and the Judges (Inquiry) Act, 1968, and may resign voluntarily. The Mains angle is judicial independence versus accountability, a recurring theme in debates on the collegium and the NJAC. The same mechanism under Article 217 applies to High Court judges.
Trap: aspirants pick the Chief Justice because the CJI looks like the head of the judiciary. Resignation is a constitutional communication to the President, not an internal judicial matter.
This question appeared in UPPCS 2014 GS Paper 1.
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