GS PrelimsPolityJudiciary Independence2012 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?
Correct Answer: Option A
Explanation
1. Statement 1 is correct. The appointment process for Supreme Court Judges involves consultation between the executive (President of India) and the judiciary (Chief Justice of India), which is a measure intended to safeguard judicial autonomy from purely executive control. The collegium system further elaborates this process.
2. Statement 2 is incorrect. Supreme Court Judges cannot be removed by the Chief Justice of India alone. They can be removed by the President only after an address by Parliament supported by a special majority of each House on grounds of proved misbehaviour or incapacity (Article 124(4)).
3. Statement 3 is correct. The salaries, allowances, and pensions of the Judges of the Supreme Court are charged upon the Consolidated Fund of India (Article 112(3)(d)). This means they are not subject to the annual vote of the legislature, ensuring financial independence.
4. Statement 4 is incorrect. Article 146(1) states that appointments of officers and servants (staffs) of the Supreme Court shall be made by the Chief Justice of India or such other judge or officer as he may direct. While rules regarding conditions of service may require the President's approval, the appointments themselves are made by the CJI, not the Government after consulting the CJI.
Since statements 1 and 3 are correct provisions safeguarding the autonomy of the Supreme Court, option (A) is the correct answer.
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