UPSC Prelims 2012 · Question 60 of 98
UPSC Prelims 2012 question on Supreme Court Autonomy Safeguards
- ExamUPSC CSE
- Year2012
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicHigher Judiciary (SC and HC)
- DifficultyEasy
- TypeStatement
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?
Show answer
Answer: A. 1 and 3 only
Verdict
Correct Answer: 1 and 3 only
Analysis
The Constitution provides several safeguards to protect the independence and autonomy of the Supreme Court.
These safeguards relate to judicial appointments, removal process, salaries, service conditions and administrative control.
Statement by statement
1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India — Correct
Under Article 124, Supreme Court judges are appointed by the President after consultation with judges of the Supreme Court and High Courts as deemed necessary.
For appointment of a Supreme Court judge other than the Chief Justice of India, consultation with the CJI is required.
2. The Supreme Court Judges can be removed by the Chief Justice of India only — Incorrect
The Chief Justice of India cannot remove a Supreme Court judge.
A judge can be removed only by an order of the President after Parliament passes an address by special majority on the ground of proved misbehaviour or incapacity.
3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote — Correct
Salaries, allowances and pensions of Supreme Court judges are charged on the Consolidated Fund of India.
This means they are not subject to vote by Parliament, helping protect judicial independence.
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 — Incorrect
This is reversed.
Under Article 146, appointments of officers and servants of the Supreme Court are made by the Chief Justice of India or by another judge or officer authorised by the CJI, not by the Government.
Extra UPSC info
* Article 124 deals with the establishment and constitution of the Supreme Court.
* Supreme Court judges hold office until the age of 65 years.
* Article 121 bars discussion in Parliament on the conduct of judges except during removal proceedings.
* Article 124(7) prohibits retired Supreme Court judges from pleading or acting in any court or before any authority in India.
* Article 129 makes the Supreme Court a court of record with power to punish for contempt.
* Parliament can extend the jurisdiction of the Supreme Court but cannot curtail its constitutional jurisdiction.
How to crack it
Consultation in appointments and charged expenditure protect Supreme Court autonomy, while removal by CJI and government control over court staff are incorrect.