What is the provision to safeguard the autonomy of the Supreme Court of India?
- While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
- The Supreme Court Judges can be removed by the Chief Justice of India only.
- The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
- All appointments of officers and staff 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?
- 1 and 3 only
- 3 and 4 only
- 4 only
- 1, 2, 3 and 4
Explanation
Statement 1 is correct
- The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary. The other judges are appointed by president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary.
Statement 2 is incorrect
- The judges of the Supreme Court are provided with the Security of Tenure. They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.
- This means that they do not hold their office during the pleasure of the President, though they are appointed by him. This is obvious from the fact that no judge of the Supreme Court has been removed (or impeached) so far.
Statement 3 is correct
- The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India.
- Thus, they are non-votable by the Parliament (though they can be discussed by it).
Statement 4 is incorrect
- The Chief Justice of India can appoint officers and servants of the Supreme Court without any interference from the executive. He can also prescribe their conditions of service.
