CAPF AC 2021 Q50: Indian Polity – Judiciary
- (a) An advocate who has practised for at least ten years in any court
- (b) A Judge of a High Court for at least three years
- (c) A distinguished jurist in the opinion of the President of India
- (d) A person who has held a judicial office for at least fifteen years
Answer: (c) A distinguished jurist in the opinion of the President of India
Explanation
Who can become a Supreme Court judge
How to think: Article 124(3) gives three routes.
Remember the numbers 5 and 10, and the third route with no number.
Then spot the changed number or word in each option.
| Route under Article 124(3) | Requirement |
|---|---|
| High Court judge | At least five years |
| High Court advocate | At least ten years |
| Distinguished jurist | In the opinion of the President |
Spot the change in each option:
| Option | Problem |
|---|---|
| Advocate for ten years in any court | Must be in a High Court |
| High Court judge for three years | Must be five years |
| Distinguished jurist in the opinion of the President | Correct |
| Judicial office for fifteen years | No such route for the Supreme Court |
Also needed: the person must be a citizen of India.
Answer: (c).
Why each option is right or wrong
- (a) Incorrect. The ten years of practice must be in a High Court, not in any court.
- (b) Incorrect. A High Court judge needs at least five years, not three.
- (c) CORRECT. A distinguished jurist in the opinion of the President can be appointed.
- (d) Incorrect. Holding a judicial office is a route to the High Court, not to the Supreme Court.
Key point
Article 124(3): citizen of India and (a) High Court judge for 5 years, or (b) High Court advocate for 10 years, or (c) distinguished jurist in the President's opinion. High Court judges (Article 217): 10 years of judicial office or 10 years as a High Court advocate; no jurist route.
Remember
Supreme Court judge: 5 years on the bench, 10 years at the bar, or a distinguished jurist.
Common mistakes
- Missing the words any court in option (a); practice must be in a High Court.
- Mixing up the Supreme Court rules with the High Court rule on judicial office.
- Thinking the distinguished jurist route also exists for High Court judges.
Exam tip
Educated guess: the examiner altered a number or a word in three options. The jurist option has no number to tamper with and uses the exact words of the Constitution.
Sources
- Constitution of India — Article 124(3) and Article 217(2)
- NCERT Class XI Political Science — Indian Constitution at Work, Chapter 6: Judiciary