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With reference to safeguards to ensure the independence of the Supreme Court, consider the following statements:
Judges of Supreme Court are appointed by Collegium of Supreme Court.
The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India.
The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court.
Which of the statements given above is/are correct?
- a)1 and 2 only
- b)3 only
- c)1,2 and 3
- d)2 and 3 only
Correct answer is option 'D'. Can you explain this answer?
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Verified Answer
With reference to safeguards to ensure the independence of the Suprem...
The Supreme Court has been assigned a very significant role in the Indian democratic political system. It is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and guardian of the Constitution. Therefore, its independence becomes very essential for the effective discharge of the duties assigned to it. It should be free from the encroachments, pressures and interferences of the executive (council of ministers) and the Legislature (Parliament). It should be allowed to do justice without fear or favour.
- The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Supreme Court:
- The judges of the Supreme Court are appointed by the President in consultation with the members of the judiciary itself. Hence, statement 1 is not correct.
- The judges of the Supreme Court are provided with the Security of Tenure. They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.
- The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court are determined from time to time by the Parliament.
- They cannot be changed to their disadvantage after their appointment except during a financial emergency.
- The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India. Hence, statement 2 is correct.
- The retired judges of the Supreme Court are prohibited from pleading or acting in any Court or before any authority within the territory of India.
- The Chief Justice of India can appoint officers and servants of the Supreme Court without any interference from the executive. He can also prescribe their conditions of service.
- The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. The Constitution has guaranteed to the Supreme Court jurisdiction of various kinds. However, the Parliament can extend the same. Hence, statement 3 is correct.
Most Upvoted Answer
With reference to safeguards to ensure the independence of the Suprem...
The correct answer is option 'D': 2 and 3 only.
Explanation:
1) Judges of Supreme Court are appointed by Collegium of Supreme Court:
This statement is incorrect. The appointment of judges of the Supreme Court is not done by the Collegium of the Supreme Court. The Collegium system is a body of senior judges of the Supreme Court and the High Courts that makes recommendations for appointments and transfers of judges. The final authority for appointing judges of the Supreme Court lies with the President of India, who acts on the advice of the Council of Ministers. The collegium system was evolved through judicial interpretation of the Constitution and is not explicitly mentioned in the Constitution.
2) The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India:
This statement is correct. According to Article 112 of the Indian Constitution, the salaries and allowances of judges of the Supreme Court are charged on the Consolidated Fund of India. This ensures that the judiciary has financial independence and is not dependent on the executive or the legislature for its financial needs. The salaries and pensions of judges are determined by law and are not subject to change without due process.
3) The Parliament is not authorized to curtail the jurisdiction and powers of the Supreme Court:
This statement is correct. The Constitution of India provides for the separation of powers between the executive, legislature, and judiciary. The Parliament is not authorized to curtail the jurisdiction and powers of the Supreme Court. The Supreme Court is the highest judicial authority in the country, and its jurisdiction and powers are defined by the Constitution. Any changes to the jurisdiction and powers of the Supreme Court can only be made through a constitutional amendment, which requires a special majority in both houses of Parliament and ratification by the states.
In conclusion, the correct statements are:
2) The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India.
3) The Parliament is not authorized to curtail the jurisdiction and powers of the Supreme Court.
Explanation:
1) Judges of Supreme Court are appointed by Collegium of Supreme Court:
This statement is incorrect. The appointment of judges of the Supreme Court is not done by the Collegium of the Supreme Court. The Collegium system is a body of senior judges of the Supreme Court and the High Courts that makes recommendations for appointments and transfers of judges. The final authority for appointing judges of the Supreme Court lies with the President of India, who acts on the advice of the Council of Ministers. The collegium system was evolved through judicial interpretation of the Constitution and is not explicitly mentioned in the Constitution.
2) The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India:
This statement is correct. According to Article 112 of the Indian Constitution, the salaries and allowances of judges of the Supreme Court are charged on the Consolidated Fund of India. This ensures that the judiciary has financial independence and is not dependent on the executive or the legislature for its financial needs. The salaries and pensions of judges are determined by law and are not subject to change without due process.
3) The Parliament is not authorized to curtail the jurisdiction and powers of the Supreme Court:
This statement is correct. The Constitution of India provides for the separation of powers between the executive, legislature, and judiciary. The Parliament is not authorized to curtail the jurisdiction and powers of the Supreme Court. The Supreme Court is the highest judicial authority in the country, and its jurisdiction and powers are defined by the Constitution. Any changes to the jurisdiction and powers of the Supreme Court can only be made through a constitutional amendment, which requires a special majority in both houses of Parliament and ratification by the states.
In conclusion, the correct statements are:
2) The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India.
3) The Parliament is not authorized to curtail the jurisdiction and powers of the Supreme Court.
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With reference to safeguards to ensure the independence of the Supreme Court, consider the following statements: Judges of Supreme Court are appointed by Collegium of Supreme Court. The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. Which of the statements given above is/are correct?a) 1 and 2 onlyb) 3 onlyc) 1,2 and 3d) 2 and 3 onlyCorrect answer is option 'D'. Can you explain this answer?
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With reference to safeguards to ensure the independence of the Supreme Court, consider the following statements: Judges of Supreme Court are appointed by Collegium of Supreme Court. The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. Which of the statements given above is/are correct?a) 1 and 2 onlyb) 3 onlyc) 1,2 and 3d) 2 and 3 onlyCorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to safeguards to ensure the independence of the Supreme Court, consider the following statements: Judges of Supreme Court are appointed by Collegium of Supreme Court. The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. Which of the statements given above is/are correct?a) 1 and 2 onlyb) 3 onlyc) 1,2 and 3d) 2 and 3 onlyCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to safeguards to ensure the independence of the Supreme Court, consider the following statements: Judges of Supreme Court are appointed by Collegium of Supreme Court. The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. Which of the statements given above is/are correct?a) 1 and 2 onlyb) 3 onlyc) 1,2 and 3d) 2 and 3 onlyCorrect answer is option 'D'. Can you explain this answer?.
With reference to safeguards to ensure the independence of the Supreme Court, consider the following statements: Judges of Supreme Court are appointed by Collegium of Supreme Court. The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. Which of the statements given above is/are correct?a) 1 and 2 onlyb) 3 onlyc) 1,2 and 3d) 2 and 3 onlyCorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to safeguards to ensure the independence of the Supreme Court, consider the following statements: Judges of Supreme Court are appointed by Collegium of Supreme Court. The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. Which of the statements given above is/are correct?a) 1 and 2 onlyb) 3 onlyc) 1,2 and 3d) 2 and 3 onlyCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to safeguards to ensure the independence of the Supreme Court, consider the following statements: Judges of Supreme Court are appointed by Collegium of Supreme Court. The salaries and pensions of the judges of the Supreme Court are charged on the Consolidated Fund of India. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. Which of the statements given above is/are correct?a) 1 and 2 onlyb) 3 onlyc) 1,2 and 3d) 2 and 3 onlyCorrect answer is option 'D'. Can you explain this answer?.
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