Consider the following in connection with the appointment of the judges of the Supreme court: 1. The Constitution has not fixed the tenure of a judge of the Supreme Court. 2. He can resign his office by writing to the Chief Justice of India. 3. He can be removed from his office by the President on the recommendation of the Parliament. Which of the above-given statements is/are correct?

Consider the following in connection with the appointment of the judges of the Supreme court: 1. The Constitution has not fixed the tenure of a judge of the Supreme Court. 2. He can resign his office by writing to the Chief Justice of India. 3. He can be removed from his office by the President on the recommendation of the Parliament. Which of the above-given statements is/are correct? Correct Answer 1 and 3 only

The correct answer is 1 and 3 only.

Important Points

• The Constitution has not fixed the tenure of a judge of the Supreme Court. However, it makes the following three provisions in this regard:
  1. He holds office until he attains the age of 65 years. Any question regarding his age is to be determined by such authority and in such manner as provided by Parliament. Hence statement 1 is correct.
  2. He can resign his office by writing to the president. Hence statement 2 is not correct.
  3. He can be removed from his office by the President on the recommendation of the Parliament. Hence statement 3 is correct.

Additional Information

Qualifications of Judges

• A person to be appointed as a judge of the Supreme Court should have the following qualifications:
  • He should be a citizen of India.
  • He should have been a judge of a High Court (or high courts in succession) for five years; or
  • He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
  • He should be a distinguished jurist in the opinion of the president.
• From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

Oath or Affirmation

• A person appointed as a judge of the Supreme Court, before entering upon his office, has to make and subscribe an oath or affirmation before the President, or some person appointed by him for this purpose.
• In his oath, a judge of the Supreme Court swears:
  • To bear true faith and allegiance to the Constitution of India;
  • To uphold the sovereignty and integrity of India;
  • To duly and faithfully and to the best of his ability, knowledge and judgement perform the duties of the Office without fear or favour, affection or ill-will; and 4. to uphold the Constitution and the laws.