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  • Read the passage and answer the question that follow.          The Supreme Court of India is the Apex Court and is the final

Read the passage and answer the question that follow.

         The Supreme Court of India is the Apex Court and is the final interpreter of the Constitution of India and its laws. The Court is also known as the guardian and the protector of the Fundamental Rights of the people of our country. The Supreme Court is the final Court of Appeal in all civil, criminal and other matters and thus helps in maintaining uniformity of law throughout the territory of India. At the commencement of the Constitution, the Supreme Court consisted of a Chief Justice of India and not more than seven other Judges. Parliament is empowered to prescribe, by law, a large number of Judges.
Article 124 of the Constitution of India does not prescribe the number of judges of the Supreme Court and the High Courts, which must be consulted by the Union Head while appointing such Supreme Court judges. In the case of S.C. Advocates-on-Record Association v. Union of India (Second Judges Case), the Supreme Court of India, had laid down the principles and prescribed procedural norms in regard to the appointment of Judges to the Supreme Court.
Article 124 of the Constitution of India lays down certain qualifications for a person to be appointed as a Judge of the Supreme Court of India. It follows that a person to be appointed a Judge of the Supreme Court must possess two essential qualifications. Firstly, he must be a citizen of India and secondly, he must possess any additional qualifications mentioned in the provision of the Constitution. Furthermore, a Judge of the Supreme Court of India may be removed as per the grounds laid down in the Constitution of India. The acts of ‘willful and gross misuse of office, purposeful and persistent negligence’ in the discharge of his duties, intentional and habitual extravagance at the cost of the public exchequer and moral turpitude by using public funds for private purpose in diverse ways have been held to constitute a relevant ground for the removal of a Judge of the Supreme Court, within the meanings of the Article 124 of the Constitution.

Question - Identify the correct option for the following two statements of Assertion (A) and Reasoning (R).
Assertion (A):  The appointment of a Judge of the Supreme Court of India is warranted by the hand and seal of the President of India.  
Reasoning (R): The President may hold a consultation with the other judges of the Supreme Court and of the High Courts as he deems necessary.

                                       

 

Option: 1

Both (A) and (R) are correct; and (R) is the correct explanation of (A)

 


Option: 2

Both (A) and (R) are correct; but (R) is not the correct explanation of (A)

 


Option: 3

(A) is correct, but (R) is incorrect


Option: 4

(A) is incorrect, but (R) is correct


Answers (1)

best_answer

According to the provision prescribed under Article 124(2) of the Constitution of India, any person shall be appointed as the Judge of the Supreme Court of India, warranted by the hand and seal of the President of India, after consultation with such other Judges of the Supreme Court and the High Courts as he deems necessary in this regard. In Union of India v. Sankalchand Sheth, the Court opined that the word ‘consultation’ means full and effective consultation. The provision implies that the President is mandated to consult the judges of the Supreme Court and the High Courts, before the appointment of a new Judge of the Supreme Court. The President does not have the discretion to warrant an appointment without such consultation, as the same has been implied with the use of the word ‘shall’ in Article 124. However, the President has the right to differ from those he consulted.

 

Posted by

Divya Prakash Singh

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