The service conditions of the judges of the Supreme Court are decided by which Article of the Constitution?

Question

UnlockIAS · Accepted Answer

Correct — D, Article 124(2). This is the provision that fixes the terms on which a Supreme Court judge holds office: every judge is appointed by the President by warrant under his hand and seal after consultation with such judges of the Supreme Court and the High Courts as the President considers necessary, and holds office until he attains the age of 65 years. Its provisos add the only two ways the office can end early — resignation by writing addressed to the President, and removal in the manner laid down in Article 124(4). Of the four options, 124(2) is the only one that is both a real constitutional clause and one that deals with Supreme Court judges at all.

Why the other options are wrong — (a) There is no clause (3) in Article 129. Article 129 is a single, unnumbered provision declaring the Supreme Court a court of record with the power to punish for contempt of itself — it says nothing about a judge's appointment or tenure.  (b) Article 127 deals with the appointment of ad hoc judges — a High Court judge requested to sit in the Supreme Court when there is no quorum. It has only two clauses, so there is no Article 127(4).  (c) Article 122(1) bars courts from questioning the validity of any proceedings in Parliament on the ground of an alleged irregularity of procedure. It belongs to the chapter on Parliament and has nothing to do with the judiciary's service conditions.

Concept: The independence of the Supreme Court rests on a cluster of articles in Part V, Chapter IV. Article 124 constitutes the Court and settles its judges' appointment, qualifications, oath, tenure (till 65), resignation and removal. Article 125 provides for their salaries, allowances and pension, which are charged on the Consolidated Fund of India and cannot be varied to a judge's disadvantage after appointment. Article 127 allows ad hoc judges, Article 128 allows retired judges to sit again, and Article 121 bars discussion in Parliament on a judge's conduct except on a motion for removal.

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