Question

A judge of the Supreme Court may resign his office by writing a letter to ?
1. The Chief Justice
2. The President
3. The Prime Minister
4. The Law Minister

Answer 1

Correct Answer - Option 2 : The President

The correct answer is the President.

• Removal of Judges From Supreme Court:
  • The Constitution of India also provides a set of regulations for the removal of the Supreme Court judge.
  • Article 124(4) mentions those Removal regulations of the Supreme court judge as follows:
  • 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 and voting has been presented to the president in the same session for such removal on the ground of proved misbehavior or incapacity.
  • Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under the previous Clause.

• Eligibility Criteria for Supreme Court Judge:
  • The Indian Constitution says in Article 124 [3] that in order to be appointed as a judge in the Supreme Court of India, the person has to fit in the following criteria:
  • He/She is a citizen of India
  • He/She has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
  • He/She has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
  • He/She is, in the opinion of the President, a distinguished jurist.
• Appointment of Judges of the Supreme Court:
  • Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand and seal after consultation with such of the Judges of the Supreme Court and of the High Court in the States as President may deem necessary for the purpose and shall hold office until he attains the age of 65 years.
  • Supreme Court held that the consultation with Chief Justice is not binding on the President.
  • But the Court held that consultation should be effective.
  • In Supreme Court Advocates-on-Record Association vs Union of India 1993, the Court stated that the view of the CJI is binding on the President, the Court also held that while advising the President CJI is expected to consult two of the senior-most Judges.