Which of the following statement(s) is/are correct about a Judge of the…
2013
Which of the following statement(s) is/are correct about a Judge of the Supreme Court of India ?
1. A Judge of the Supreme Court is appointed by the President of India.
2. He holds office during the pleasure of the President.
3. He can be suspended, pending an inquiry.
4. He can be removed for proven misbehaviour or incapacity.
Select the correct answer from the codes given below :
Codes :
Answer: D. 1 and 4 — ConceptIndian constitutional offices fall into two tenure classes. A pleasure-tenure office is held at the executive's discretion: the holder can be moved out…
- A.
1, 2 and 3
- B.
1, 3 and 4
- C.
1 and 3
- D.
1 and 4
Attempted by 8 students.
Show answer & explanation
Correct answer: D
Concept
Indian constitutional offices fall into two tenure classes. A pleasure-tenure office is held at the executive's discretion: the holder can be moved out at any time and no ground has to be proved. A secure-tenure office runs to a fixed retiring age and can be brought to an end against the holder's will only through the special removal procedure the Constitution itself writes down. Because that written procedure is exhaustive, no lesser executive step exists against such a holder either — in particular, there is no power to keep the holder out of office while an inquiry is going on.
Application — a Judge of the Supreme Court
A Supreme Court Judge sits in the secure-tenure class. Article 124(2) makes the President the appointing authority (appointment is by warrant under his hand and seal) and fixes the term up to the age of 65 years. Apart from voluntary resignation under the proviso to Article 124(2), Article 124(4) supplies the only route by which a Judge can be made to leave that office before that age: 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 not less than two-thirds of the members present and voting, on the ground of proved misbehaviour or incapacity. The Judges (Inquiry) Act, 1968 supplies the inquiry machinery for that ground.
Statement | Constitutional position |
|---|---|
1. Appointed by the President of India | Holds — Article 124(2): every Judge is appointed by the President by warrant under his hand and seal. |
2. Holds office during the pleasure of the President | Does not hold — the pleasure doctrine is not extended to Judges; Article 124(2) gives a fixed tenure up to the age of 65, and within that term a Judge can be compelled to leave office only by removal under Article 124(4), though he remains free to resign of his own accord. |
3. Can be suspended, pending an inquiry | Does not hold — neither the Constitution nor the Judges (Inquiry) Act, 1968 creates a power to suspend a sitting Judge; he continues to hold office throughout the inquiry. |
4. Can be removed for proved misbehaviour or incapacity | Holds — Article 124(4) names exactly these two grounds and no others. |
Cross-check
Who does hold office during the President's pleasure: Governors (Article 156), the Attorney-General for India (Article 76(4)) and Union Ministers (Article 75(2)). Judges were deliberately kept outside that class so that the executive cannot pressure the Bench — this is the core of judicial independence.
Removal is not suspension. Even after an inquiry committee returns a finding of guilt, the Judge remains in office until both Houses pass the address and the President issues the removal order; no Supreme Court Judge has so far been removed under Article 124(4).
The stem's phrase “proven misbehaviour” is the Constitution's “proved misbehaviour” — the same ground, not a separate category.
Result
Statements 1 and 4 state the constitutional position correctly, while statements 2 and 3 do not. The code that selects 1 and 4 is therefore the one to choose.