Prelims 2012 · Polity and Constitution · Question 60
What is the provision to safeguard the autonomy of the Supreme Court of India?<br/>1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.<br/>2. The Supreme Court Judges can be removed by the Chief Justice of India only.<br/>3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.<br/>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.<br/><br/>Which of the statements given above is/are correct?
Answer
1 and 3 only
1. Correct. Under Article 124, the President appoints Supreme Court judges after consultation; this consultation with the CJI is a safeguard for judicial independence.
2. Incorrect. Supreme Court judges are not removed by the CJI; they are removed by the President after an address by Parliament supported by a special majority.
3. Correct. Salaries, allowances and pensions of Supreme Court judges are charged on the Consolidated Fund of India, so they are not subject to annual vote of Parliament.
4. Incorrect. Under Article 146, appointments of officers and servants of the Supreme Court are made by the Chief Justice of India or such officer as he may direct, not by the Government after consultation.
Hence, statements 1 and 3 only are correct.