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The constitution of India has made which of the following provisions to safeguard and ensure the independence and impartial functioning of the Supreme court? 1. The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court cannot be changed to their disadvantage after their appointment even during a financial emergency. 2. 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. 3. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. 4. The judges of the Supreme Court are provided with the Security of Tenure. Select the correct answer using the correct code given below:

The constitution of India has made which of the following provisions to safeguard and ensure the independence and impartial functioning of the Supreme court? 1. The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court cannot be changed to their disadvantage after their appointment even during a financial emergency. 2. 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. 3. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. 4. The judges of the Supreme Court are provided with the Security of Tenure. Select the correct answer using the correct code given below: Correct Answer 2, 3 and 4

The correct answer is 2, 3 and 4.

Important Points

The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Supreme Court:

  • Mode of Appointment:
    • The judges of the Supreme Court are appointed by the President (which means the cabinet) in consultation with the members of the judiciary itself (ie, judges of the Supreme Court and the high courts).
    • This provision curtails the absolute discretion of the executive as well as ensures that the judicial appointments are not based on any political or practical considerations.
  • Security of Tenure:
    • The judges of the Supreme Court are provided with the Security of Tenure. Hence, statement 4 is correct.
    • They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.
    • This means that they do not hold their office during the pleasure of the President, though they are appointed by him.
    • This is obvious from the fact that no judge of the Supreme Court has been removed (or impeached) so far.
  • Expenses Charged on Consolidated Fund
    • 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.
    • Thus, they are non-votable by the Parliament (though they can be discussed by it).
  • Conduct of Judges cannot be Discussed
    • The Constitution prohibits any discussion in Parliament or in a State Legislature with respect to the conduct of the judges of the Supreme Court in the discharge of their duties, except when an impeachment motion is under consideration of the Parliament.
  • Ban on Practice after Retirement
    • 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. Hence, statement 2 is correct.
    • This ensures that they do not favour anyone in the hope of future favour.
  • Power to Punish for its Contempt
    • The Supreme Court can punish any person for its contempt.
    • Thus, its actions and decisions cannot be criticised and opposed by anybody.
    • This power is vested in the Supreme Court to maintain its authority, dignity and honour.
  • Freedom to Appoint its Staff
    • ​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.
  • Its Jurisdiction cannot be Curtailed
    • The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. Hence, statement 3 is correct.
    • The Constitution has guaranteed to the Supreme Court, the jurisdiction of various kinds.
    • However, Parliament can extend the same.
  • Separation from Executive
    • The Constitution directs the State to take steps to separate the Judiciary from the Executive in the public services.
    • This means that the executive authorities should not possess the judicial powers.
    • Consequently, upon its implementation, the role of executive authorities in judicial administration came to an end.

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  • Fixed Service Conditions 
    • 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. Thus, the conditions of service of the judges of the Supreme Court remain the same during their term of office. Hence, statement 1 is NOT correct.

Related Questions

The Constitution of India has made which of the following provisions to safeguard and ensure the independent and impartial functioning of a high court. 1. They can be removed from office by the president only in the manner and on the grounds mentioned in the Constitution. 2. The retired permanent judges of a high court are prohibited from pleading or acting in any court or before any authority in India. 3. The jurisdiction and powers of a high court in so far as they are specified in the Constitution cannot be curtailed both by the Parliament and the state legislature. Which of the statements given above is/are correct?
Consider the following statements to answer this question.
1. Parliament cannot extend the jurisdiction and power of the Supreme Court.
2. No discussion can take place in Parliament with respect to the conduct of judge of the Supreme Court in discharge of the duties.
3. A retired judge of the Supreme Court cannot appear or plead in any court or before any authority within the territory of India.
4. The salaries and allowances of the Supreme Court are fixed by the Constitution and charged on the Consolidated Fund of India.
Which of these statement are correct?
Which of the following statements with regard to financial emergency in India is/are correct?
1. It is required to be approved by both the Houses of the Parliament within one month.
2. Once approved by both the Houses of the Parliament, it remains valid for six months.
3. Salary of any government official including the Supreme Court judges can be reduced during financial emergency.
4. During financial emergency, the executive authority of the Union shall extend to the giving of directions to any State to observe such, canons of financial propriety as may be specified in the directions.
Select the correct answer:
In the question below, are given a statement followed by three courses of actions numbered I, II and III. On the basis of the information given, you have to assume everything in the statement to be true, and then decide which of the suggested course of action logically follow (s) for pursuing. Statement: The India Risk Survey 2017 report ranks 'Information & Cyber Insecurity' as the biggest risk facing Indian companies. Indian organizations, both public and private, had witnessed over 27,000 incidents of security threat, from January 2017 till June 2017 alone. Phishing, scanning/probing, website intrusions and defacements, virus/malicious code, ransomware, Denial of Service attacks, and data breaches are some ways in which hackers attack business websites, which can cause operational disruptions and potentially steal sensitive information. Small and medium businesses (SMBs), unfortunately, have been seeing rising incidences of cybercrime. In fact, 70 percent of cyberattacks occur at organizations with lesser than 100 employees  Courses of action: I. Mandate basic security practices and policies for all employees, such as 2-factor authentication, internet use guidelines and create and enforce rules on handling and protecting sensitive data. Conduct frequent training to sensitize employees about opening suspicious emails, encrypting their data, using strong passwords on their devices, installing security apps, and limiting activity over public Wi-Fi. Implement and enforce incident reporting to help ensure that even the smallest breach is report to management as well as the IT teams. II. Basics still matter and are some of the best defenses against viruses, malware, and other online threats. Assess the assets that are most at risk - data, servers, network - and ensure that the systems are updated with the latest security software, web browser, and operating system. Implement firewall security and run antivirus software after each update.  III. Ensure regular backup of all critical data - whether stored in-house or on the cloud. Run scheduled attack drills and stress tests to identify vulnerabilities and ensure that data restoration and business continuity are executed as planned.
Consider the following statements: 1. The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 authorised the Parliament to establish a common high court for two or more States or for two or more states and a union territory. 2. The Parliament can extend the jurisdiction of a high court to any union territory or exclude the jurisdiction of a high court from any union territory. Which of the statements given above is/are correct?
What is the provision to safeguard the autonomy of the Supreme Court of India? 1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India. 2. The Supreme Court Judges can be removed by the Chief Justice of India only. 3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislative does not have to vote. 4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.   Which of the statements given above is/are correct?
Which of the Following subject matters Articles Related to Supreme Court are correctly stated with their respective Article no.?  125  Appointment of acting Chief Justice 128. Attendance of retired Judges at sittings of the Supreme Court 127. Appointment of ad-hoc Judges 126. Salaries, etc., of Judges
Which of the following statements is/are true? 1. The Chief Justice and other judges of the Supreme Court are appointed by the President of India. 2. No person who has held office of a judge of the Supreme Court is allowed to plead as an advocate in any court or before any authority within the territory of India. 3. The judges of the Supreme Court are paid such salaries as are determined by the Parliament from time to time.
Which of the following statements regarding the residuary powers under the Constitution of India is/are correct? 1. Residuary powers have been given to the Union Parliament. 2. In the matter of residuary power, the Constitution of India follows the Constitution of Australia. 3. The Constitution of India provides for the residuary powers. 4. The Government of India Act 1935 placed residuary powers in the hands of the Governor-General. Select the correct answer using the code given below:
Consider the following statements:
1. Parliament shall, while a proclamation of Emergency is in operation, have the power to make laws of the whole or any part of territory of India with respect to any of the matters enumerated in the list
2. Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List
3. Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country
4. Parliament has power to legislate with respect to a matter in the State List in the national interest subject to the resolution passed by the Council of States by two-thirds majority
Which of these statements are correct?