UPSC Prelims 2012 Q60: Indian Polity – Judiciary
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?
- (a) 1 and 3 only
- (b) 3 and 4 only
- (c) 4 only
- (d) 1, 2, 3 and 4
Answer: (a) 1 and 3 only
Explanation
Safeguards for the autonomy of the Supreme Court
| Statement | Verdict | Reason |
|---|---|---|
| 1. While appointing the Supreme Court Judges, the President of India must hold consultation with the Chief Justice of India | Correct | Article 124(2); today the Collegium's advice is binding |
| 2. The Supreme Court Judges can be removed by the Chief Justice of India only | Incorrect | A judge is removed by the President after an address by both Houses with a special majority (Article 124(4)) |
| 3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote | Correct | Charged expenditure is not voted (Article 112) |
| 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 | They are made by the Chief Justice of India himself (Article 146), not by the Government |
Other safeguards:
| Safeguard | Article |
|---|---|
| Security of tenure | 124 |
| No discussion of a judge's conduct in Parliament | 121 |
| Ban on practice after retirement | 124(7) |
| Power to punish for contempt | 129 |
Answer: (a) 1 and 3 only.
Why each option is right or wrong
- (a) CORRECT. Consultation with the Chief Justice of India and charged salaries protect the Court.
- (b) Incorrect. Statement 4 is false; the Chief Justice appoints the Court's staff, not the Government.
- (c) Incorrect. Statement 4 is false and Statements 1 and 3 are left out.
- (d) Incorrect. Statements 2 and 4 are false; judges are removed by the President on Parliament's address.
Key point
Supreme Court independence: consultation in appointments (Article 124), removal only by Parliament's address, salaries charged on the Consolidated Fund, staff appointed by the CJI (Article 146).
Remember
Judges: removed by President on Parliament's address; salaries are charged.
Common mistakes
- Thinking the Chief Justice of India can remove a fellow judge.
- Assuming the Government appoints the Court's officers.
- Not knowing what 'charged' expenditure means; it is discussed but not voted.
Exam tip
Words like 'only' deserve a second look. Removal 'by the Chief Justice only' is plainly wrong.
Sources
- Constitution of India — Articles 112, 121, 124, 129 and 146
- M. Laxmikanth — Indian Polity, Ch on Supreme Court (Independence of Supreme Court)