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 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?
Answer & explanation
Answer: (a) 1 and 3 only
In 2012, Article 124(2) required the President to consult the Chief Justice of India when appointing any other Supreme Court Judge. Judges' salaries are charged on the Consolidated Fund, so Parliament does not vote on them. Removal is by Parliament and the President, and staff appointments rest with the Chief Justice, not the Government.
- тЬУ 1. As Article 124(2) stood in 2012, its proviso said that when a Judge other than the Chief Justice is appointed, the Chief Justice of India shall always be consulted.
- тЬЧ 2. Under Article 124(4), a Judge can be removed only by an order of the President. That order follows an address by each House of Parliament passed with a special majority. The Chief Justice has no power to remove a Judge.
- тЬУ 3. Article 112(3)(d)(i) charges the salaries, allowances and pensions of Supreme Court Judges on the Consolidated Fund of India. Article 113(1) says such charged expenditure is not submitted to the vote of Parliament, though it can be discussed.
- тЬЧ 4. Under Article 146(1), officers and servants of the Court are appointed by the Chief Justice of India, or by a Judge or officer he directs. The Government does not make these appointments, even after consultation.
Remember ┬╖ Judicial independence: Judges are removed only by Parliament's address and the President's order, salaries are charged and non-votable, and the Chief Justice controls Court staff appointments (Art. 146).
ЁЯУШ Read it in NCERT: Class 11 Indian Constitution at Work, Ch 6 (practise this chapter)
Sources
- Constitution of India (Government of India PDF), Article 124(2) first proviso as it stood before the 99th Amendment (footnote) тЖЧ тАЬProvided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted: тАж 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 тАж expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion тАж Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may directтАЭ
- NCERT Class 11 ┬╖ Indian Constitution at Work, Chapter 6 тАЬThe Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.тАЭ
Question: UPSC Civil Services (Preliminary) 2012, General Studies Paper I. Explanation: Minimalist IAS, checked 25 Oct 2026 (how we verify). ┬╖
