Test: Judiciary - UPSC MCQ

With a huge backlog of cases in the top court, the government had recently increased the strength of its judges from 31 to 34, including the Chief Justice of India.

The judges of the Supreme Court of India are appointed by the President.

A judge of a High Court can be transferred to another High Court by the President after consultation with the Chief Justice of India.

While making appointments, the executive plays a crucial role; the legislature has the powers of removal. This has ensured both balance of power and independence of the judiciary

Supreme court can restore fundamental rights by issuing writs of Habeas Corpus; mandamus etc. (article 32). The High Courts also have the power to issue such writs (article 226).

In Golaknath vs the State of Punjab case, the Supreme Court led by Chief Justice Suba Rao declared by majority of 6 to 5 that the Parliament would have no power in future to amend any of the provisions of Part III of the Constitution so as to take away Fundamental Rights.

The salaries, allowances and benefits of the judges are determined by the Parliament from time to time and are charged on the Consolidated Fund of India.

There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.

Supreme court functions within the limitations imposed by the Constitution. The functions and responsibilities of the Supreme Court are defined by the Constitution.

Council of Ministers, Governors and Chief Ministers and Chief Justice of India — all influence the process of judicial appointment.

 Over the years, a convention had developed whereby the senior-most judge of the Supreme
Court was appointed as the Chief Justice of India.