Consider the following statements.1. The Constitution declares Delhi a...
1. The Constitution declares Delhi as the seat of the Supreme Court: This statement is correct. Article 130 of the Indian Constitution states, "The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint."
2. It also authorises the CJI to appoint other place or places as the seat of the Supreme Court but with the prior approval of the President: This statement is also correct. As per the same Article 130, the Chief Justice of India (CJI) has the authority to appoint other places as the seat of the Supreme Court, but only with the prior approval of the President.
3. He can make a decision in this regard only with the approval of the Parliament: This statement is incorrect. The CJI does not require the approval of the Parliament to make a decision in this regard. As mentioned in Article 130, the CJI only needs the approval of the President to appoint other places as the seat of the Supreme Court.
Consider the following statements.1. The Constitution declares Delhi a...
Constitutional Provisions on Seat of Supreme Court
The Indian Constitution has provisions for the seat of the Supreme Court, which are as follows:
1. Delhi as the Seat of the Supreme Court
The Constitution declares Delhi as the seat of the Supreme Court. Article 130 of the Constitution states that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.”
2. CJI's Authority to Appoint Other Place as the Seat of the Supreme Court
Article 130 of the Constitution also authorises the Chief Justice of India (CJI) to appoint other place or places as the seat of the Supreme Court, but with the prior approval of the President. This means that the CJI can recommend a place other than Delhi as the seat of the Supreme Court, but only after obtaining the approval of the President.
3. Approval of Parliament Required for Changing the Seat of the Supreme Court
However, the CJI cannot make a decision in this regard only with the approval of the President. Article 130 also provides that “no place shall be appointed as the seat of the Supreme Court except with the approval of the Parliament.” This means that any proposal to change the seat of the Supreme Court requires the approval of both the President and the Parliament.
Conclusion
Therefore, only statements 1 and 2 are correct. While the Constitution declares Delhi as the seat of the Supreme Court, the CJI can appoint other places with the prior approval of the President, but any such appointment requires the approval of the Parliament as well.