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Q85 (IAS/2012) Polity & Governance › Judiciary › Judicial independence Answer Verified

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?

Result
Your answer: —  Â·  Correct: A
Explanation

The autonomy of the Supreme Court is safeguarded through several constitutional provisions. Statement 1 is correct as the President must consult the Chief Justice of India (CJI) for judicial appointments, a process further solidified by the Collegium system [1]. Statement 3 is correct because the salaries and administrative expenses of the Supreme Court are charged on the Consolidated Fund of India, meaning they are non-votable by Parliament, ensuring financial independence. Statement 2 is incorrect because judges can only be removed by the President following an address by Parliament on grounds of proved misbehavior or incapacity, not by the CJI alone. Statement 4 is incorrect because Article 146 empowers the CJI, not the Government, to appoint officers and staff of the Court to ensure administrative independence from the executive branch.

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 339
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