The resignation letter by a Judge of Supreme Court is addressed to -

Question

UnlockIAS · Accepted Answer

Correct — B, the President. Article 124(2), proviso (a) of the Constitution says a Judge of the Supreme Court 'may, by writing under his hand addressed to the President, resign his office.' So the resignation letter goes to the President of India. (The same design applies to the Chief Justice of India and, under Article 217, to High Court judges, who also resign to the President.)

Why the other options are wrong — (a) The CJI heads the judiciary but is not the addressee of a Supreme Court judge's resignation; the Constitution names the President. (The CJI himself would also resign to the President.)  (c) Seniority matters for who acts as CJI, but no constitutional provision routes a judge's resignation to the senior-most judge.  (d) The PM heads the executive and has no constitutional role in accepting a judge's resignation; that would breach the separation of the judiciary from the political executive.

Concept: The appointment, tenure and exit of Supreme Court judges are set by Article 124. A judge is appointed by the President; holds office until 65 years of age; can resign by writing to the President (Art. 124(2)(a)); and can be removed only by the President after an address by both Houses of Parliament passed by a special majority on grounds of proved misbehaviour or incapacity (Art. 124(4)).

State PCS 2023 Q52 — Polity & Governance PYQ with Answer

State PCS 2023 Q52 — Polity & Governance PYQ with Answer