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With reference to the Ad hoc judges, consider the following statements:
- For the appointment of these judges prior consent of the President is required.
- The allownces and entitlments of such appointed judges are determined by the parliament of India.
Which of the statements given above is/are correct?
- a)1 Only
- b)2 Only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
With reference to the Ad hoc judges, consider the following statements...
The correct answer is option 'A', i.e., only statement 1 is correct.
Explanation:
1. For the appointment of these judges, prior consent of the President is required: This statement is correct. Ad hoc judges are appointed by the President of India after consultation with the Chief Justice of India. The President, as the appointing authority, grants prior consent before the appointment of ad hoc judges.
2. The allowances and entitlements of such appointed judges are determined by the parliament of India: This statement is incorrect. The allowances and entitlements of ad hoc judges are not determined by the parliament of India. Instead, these judges are appointed on an ad hoc basis for a specific case or a limited period of time, and their allowances and entitlements are determined by the Supreme Court of India.
Ad hoc judges are appointed in the Supreme Court of India under Article 127 of the Indian Constitution. These judges are appointed to deal with the cases in which the permanent judges of the Supreme Court are unable to participate due to various reasons such as a conflict of interest, illness, or a temporary vacancy. The appointment of ad hoc judges ensures the smooth functioning of the Supreme Court and prevents delays in the disposal of cases.
The appointment of ad hoc judges requires the prior consent of the President of India. The President consults with the Chief Justice of India before granting consent for the appointment. Once appointed, ad hoc judges have the same powers, duties, and responsibilities as the permanent judges of the Supreme Court.
The allowances and entitlements of ad hoc judges, including their salaries, pension, and other benefits, are determined by the Supreme Court of India. The Supreme Court has the authority to determine the terms and conditions of service for ad hoc judges. This ensures the independence of the judiciary and prevents any interference from the executive or legislative branches of the government.
In conclusion, statement 1 is correct as the prior consent of the President is required for the appointment of ad hoc judges. However, statement 2 is incorrect as the allowances and entitlements of such judges are determined by the Supreme Court, not the parliament of India.
Explanation:
1. For the appointment of these judges, prior consent of the President is required: This statement is correct. Ad hoc judges are appointed by the President of India after consultation with the Chief Justice of India. The President, as the appointing authority, grants prior consent before the appointment of ad hoc judges.
2. The allowances and entitlements of such appointed judges are determined by the parliament of India: This statement is incorrect. The allowances and entitlements of ad hoc judges are not determined by the parliament of India. Instead, these judges are appointed on an ad hoc basis for a specific case or a limited period of time, and their allowances and entitlements are determined by the Supreme Court of India.
Ad hoc judges are appointed in the Supreme Court of India under Article 127 of the Indian Constitution. These judges are appointed to deal with the cases in which the permanent judges of the Supreme Court are unable to participate due to various reasons such as a conflict of interest, illness, or a temporary vacancy. The appointment of ad hoc judges ensures the smooth functioning of the Supreme Court and prevents delays in the disposal of cases.
The appointment of ad hoc judges requires the prior consent of the President of India. The President consults with the Chief Justice of India before granting consent for the appointment. Once appointed, ad hoc judges have the same powers, duties, and responsibilities as the permanent judges of the Supreme Court.
The allowances and entitlements of ad hoc judges, including their salaries, pension, and other benefits, are determined by the Supreme Court of India. The Supreme Court has the authority to determine the terms and conditions of service for ad hoc judges. This ensures the independence of the judiciary and prevents any interference from the executive or legislative branches of the government.
In conclusion, statement 1 is correct as the prior consent of the President is required for the appointment of ad hoc judges. However, statement 2 is incorrect as the allowances and entitlements of such judges are determined by the Supreme Court, not the parliament of India.
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Community Answer
With reference to the Ad hoc judges, consider the following statements...
Recently, in a rare instance, the Supreme Court collegium has recommended the appointment of a retired district judge as a judge of the Madhya Pradesh HC, citing legitimate expectation and delay in the selection process.
- Constitutional Provisions: The appointment of ad-hoc judges has been provided in the Constitution under Article 224A (appointment of retired Judges at sittings of High Courts).
- Under this Article, the Chief Justice of a High Court for any State can request a person to act as a judge of the High Court.
- For this, the prior consent of the president is required.
- The person should have held the office of judge of that court or of any other High Court.
- Such a judge is entitled to allowances as determined by the President.
- He will also enjoy all the jurisdiction, powers and privileges of a judge of that high court.
Hence only statement 1 is correct.
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With reference to the Ad hoc judges, consider the following statements: For the appointment of these judges prior consent of the President is required. The allownces and entitlments of such appointed judges are determined by the parliament of India.Which of the statements given above is/are correct?a)1 Onlyb)2 Onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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