The Supreme Court

Article 124 of the Indian Constitution

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and until Parliament by law prescribes a larger number, of not more than thirty-three other Judges.

(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for that purpose and shall hold office until he attains the age of sixty-five years. Provided that in the case of appointment of a judge other than the Chief Justice, the Chief Justice of India shall always be consulted :

Provided further that -

(a) A Judge may, by writing under his hand addressed to the President, resign his office.

(b) A Judge may be removed form his office in the manner provided in clause (4).

So, option (a) is the correct answer.

According to Article 124(4), a Judge of the Supreme Court cannot be removed from his office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. A person who has been a Judge of the Supreme Court is debarred from practising in any court of Law or before any other authority in India. Note: Though it is an impeachment like process but the Impeachment word is used only to remove the President. The term impeachment is not used to remove a judge of a Supreme Court or a High Court. The word 'Remove' has been used in the Constitution to remove them.

The motion to remove a judge of the Supreme Court of India can be rejected by the speaker of the Lok Sabha as per the judges (Inquiry) Act, 1968.

The details of the process of removal of the judges of the Supreme Court of India are given in the judges (Inquiry) Act, 1968.

Article 124(4) a judge of the Supreme Court shall not be removed from his office except by an order of the president passed after an address by each house of parliament supported by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present voting has been presented to the president in the same session for such removal on the ground of proved misbehaviour or incapcity. Thus, the Constitution provides the ground for the removal of Judges of the Supreme Court but it does not define proved misbehaviour or incapacity.

The motion to remove a judge of the Supreme Court of India can be rejected by the speaker of the Lok Sabha as per the judges (Inquiry) Act, 1968.

The details of the process of removal of the judges of the Supreme Court of India are given in the judges (Inquiry) Act, 1968.

Article 124(4) a judge of the Supreme Court shall not be removed from his office except by an order of the president passed after an address by each house of parliament supported by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present voting has been presented to the president in the same session for such removal on the ground of proved misbehaviour or incapcity. Thus, the Constitution provides the ground for the removal of Judges of the Supreme Court but it does not define proved misbehaviour or incapacity.

The retirement age of the Judges of the Supreme Court is 65 years while the age of the retirement of the Judges of the High Courts is 62 years.

The retirement age of the Judges of the Supreme Court is 65 years while the age of the retirement of the Judges of the High Courts is 62 years.

According to Article 125(1) of the Constitution, there shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries are as specified in the Second Schedule.

The Supreme Court is considered as the guardian of the Constitution. The Judges of the Supreme Court can be removed by order of the President, which must be supported by a special majority of each House of the Parliament and not by the Chief Justice of India. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India to safeguard the autonomy of the Supreme Court (as this provision curtails the absolute discretion of the Executive as well as ensures that the judicial appointments are not based on any political or practical considerations). The salaries of the Judges are charged to the Consolidated Fund of India. Hence statement 1 and 3 are correct. The Chief Justice of India can appoint officers and servants of the Supreme Court without any interference of the executive. He can also prescribe their condition of service.

Under Article 138 of the Constitution, the Parliament can enlarge the Jurisdiction and powers of the Supreme Court with respect to any of the matters in the Union List. Thus, statement1 is wrong. The administrative expenses of the Supreme Court, including all salaries, allowances, and pensions payable to or in respect of the officers and servants of the Court are charged on the Consolidated Fund of India while administrative expenses of a High Court are charged upon the Consolidated Fund of the State. The statement 2 is also wrong.

According to Article 124(7) of the Constitution, no person who has held office as a Judge of the Supreme Court shall plead or act in any Court or before any authority within the territory of India. While Article 220 of the Constitution provisions that no person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any Court or before any authority in India except the Supreme Court and the other High Courts.