Supreme Court — Set 2

Correct Answer: B. 65 years

• **SC retirement age — 65 years** = a Supreme Court judge holds office until attaining the age of 65 years, as specified in Article 124(2). • **HC vs SC retirement** — High Court judges retire at 62, while Supreme Court judges retire at 65 — this 3-year difference is a key comparative. • 💡 Option A (60 years) is the retirement age for most other government employees, not SC judges; Option C (62 years) is the retirement age for High Court judges, not SC judges; Option D (70 years) is the retirement age for the Election Commissioners.

Correct Answer: D. President

• **SC judge resignation — President** = a Supreme Court judge resigns by addressing a resignation letter to the President under Article 124(2). • **Effective date** — the resignation becomes effective from the date it is accepted by the President or as specified in the letter. • 💡 Option A (Prime Minister) does not receive judicial resignations — PMs receive resignations from Cabinet Ministers; Option B (Law Minister) has no constitutional role in receiving resignations of judges; Option C (Chief Justice of India) does not receive resignation letters from SC judges — the addressee is always the President.

Correct Answer: B. Proved misbehavior or incapacity

• **Removal grounds — Proved misbehaviour or incapacity** = under Article 124(4), a Supreme Court judge can be removed only on these two grounds, ensuring strong judicial security of tenure. • **Special majority required** — removal requires an address by each House of Parliament passed by a majority of total membership AND two-thirds of members present and voting. • 💡 Option A (Violation of Constitution only) is too narrow — 'misbehaviour' is a broader ground than just constitution violation; Option C (Corruption only) is also too narrow — incapacity is a separate ground; Option D (Insolvency) is a disqualification for MPs and MLAs, not a ground for removal of SC judges.

Correct Answer: D. 100 members

• **Lok Sabha removal motion — 100 members** = under the Judges Enquiry Act, 1968, a removal motion in the Lok Sabha must be signed by at least 100 members to be admitted. • **Rajya Sabha — 50 members** — if the motion is introduced in the Rajya Sabha instead, it requires at least 50 members' signatures; this asymmetry between Houses is. • 💡 Option A (50 members) is the threshold for Rajya Sabha introduction, not Lok Sabha; Option B (Two-thirds of members) is the majority needed to pass the motion in each House, not to introduce it; Option C (25 members) is below the threshold for either House.

Correct Answer: B. Parliament

• **Parliament — Regulates removal procedure** = Article 124(5) authorizes Parliament to regulate by law the procedure for presenting the address and investigating misbehaviour or incapacity of a judge. • **Judges Enquiry Act, 1968** — Parliament enacted this Act to operationalise the removal procedure, establishing a three-member inquiry committee to investigate charges. • 💡 Option A (President) issues the removal order but does not regulate the procedure; Option C (NITI Aayog) is a policy body with no role in judicial removal; Option D (Supreme Court) cannot regulate the procedure for removing its own judges as that would compromise the separation of powers.

Correct Answer: C. Article 130

• **Article 130 — Seat of Supreme Court** = declares Delhi as the principal seat of the Supreme Court but authorises the Chief Justice of India, with the President's approval, to sit at other places. • **CJI + Presidential approval** — two conditions must be met: the CJI must decide to hold sittings elsewhere, AND the President must approve — neither alone is sufficient. • 💡 Option A (Article 129) designates the SC as a Court of Record with contempt powers; Option B (Article 132) deals with appellate jurisdiction of SC in constitutional cases from HCs; Option D (Article 131) grants original jurisdiction to SC in federal disputes.

Correct Answer: D. Consolidated Fund of India

• **SC judges' salaries — Consolidated Fund of India** = salaries, allowances, and pensions of Supreme Court judges are charged on the Consolidated Fund of India, making them non-votable by Parliament. • **Financial independence** — charging salaries on the Consolidated Fund ensures judges are not financially dependent on Parliament's annual approval, protecting judicial independence. • 💡 Option A (Contingency Fund) is meant for unforeseen expenditures and is held by the President for emergencies; Option B (Parliamentary Grants) would make judges' pay subject to Parliamentary vote each year, undermining independence; Option C (Public Account of India) contains deposits and other government funds but not judicial salaries.

Correct Answer: C. Any court or authority within India

• **Retired SC judge — Prohibited from all courts** = under Article 124(7), a retired Supreme Court judge cannot plead or act in any court or before any authority anywhere in India. • **Post-retirement bar** — this complete prohibition differs from HC judges who are barred only from practicing in the HC where they last served. • 💡 Option A (Tribunals only) is too narrow — the bar applies to ALL courts and authorities, not just tribunals; Option B (Supreme Court only) is also too narrow — even appearing before HCs or tribunals is prohibited; Option D (High Courts only) is incorrect — the prohibition covers every court and authority across India.

Correct Answer: D. Original Jurisdiction

• **Article 131 — Original Jurisdiction** = grants the Supreme Court exclusive original jurisdiction in disputes between the Government of India and States, or disputes among States. • **Exclusive power** — no other court can hear these federal disputes; the SC is the first and only court, unlike appellate jurisdiction where cases come after HC decisions. • 💡 Option A (Writ Jurisdiction) is covered by Article 32 for Fundamental Rights enforcement; Option B (Advisory Jurisdiction) is covered by Article 143 where the President seeks SC opinion; Option C (Appellate Jurisdiction) allows SC to hear appeals from HCs under Articles 132, 133, 134.

Correct Answer: A. Writ Jurisdiction

• **Article 32 — Writ Jurisdiction** = empowers the Supreme Court to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) to enforce Fundamental Rights. • **Five types of writs** — Habeas Corpus (personal liberty), Mandamus (official duty), Prohibition (excess jurisdiction), Certiorari (quash lower court order), Quo Warranto (authority of office-holder). • 💡 Option B (Original Jurisdiction) under Article 131 is for federal disputes between Centre/States, not for Fundamental Rights enforcement; Option C (Appellate Jurisdiction) is for hearing appeals from lower courts; Option D (Advisory Jurisdiction) is for the President to seek SC's opinion on legal questions.