The resignation letter by a Judge of Supreme Court is addressed to -
- (a)The Chief Justice of India
- (b)The President
- (c)The senior most Judge of Supreme Court
- (d)The Prime Minister
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.)
- (a)The Chief Justice of India — 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)The senior most Judge of Supreme Court — Seniority matters for who acts as CJI, but no constitutional provision routes a judge's resignation to the senior-most judge.
- (d)The Prime Minister — 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.
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)).
Every formal act relating to a judge's office — appointment, resignation and removal — is channelled through the President as the constitutional head, which keeps the process above day-to-day politics. The distractors tempt you with figures who have real influence (CJI, PM) but no constitutional role in receiving a resignation.
- Article 124(2)(a): a Supreme Court judge resigns by writing addressed to the President.
- A Supreme Court judge holds office until the age of 65 years.
- Removal (Art. 124(4)) is by the President after a Parliamentary address with special majority — 'impeachment' style.
- High Court judges resign to the President too, under Article 217(1)(a).
- Assuming a judge resigns to the CJI because the CJI heads the judiciary.
- Confusing resignation (addressed to the President) with removal (President acts on Parliament's address).
Polity questions test who appoints, who accepts resignation, and how a judge is removed — the answer to all three routes through the President. UPPSC often asks it as a one-line 'addressed to whom' factual.
Consider the following statements: 1. The mode of removal of a Judge of a High Court in India is the same as that of removal of a Judge of the Supreme Court. 2. After retirement from office, a permanent Judge of a High Court cannot plead or act in any court or before any authority in 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
Answer(a) 1 only
Same office and framework — the tenure/removal of Supreme Court (and High Court) judges, where the President is the constitutional actor, as in this resignation question.
Consider the following statements about the removal of a Judge of the Supreme Court of India: 1. The motion to impeach a Judge cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968. 2. The Constitution defines 'incapacity and proved misbehaviour'. 3. The details of the process of impeachment are given in the Judges (Inquiry) Act, 1968. 4. The motion must be backed by each House by a majority of total membership and by not less than two-thirds of members present and voting. Which of the statements given above is/are correct?
- (a) 1 and 2
- (b) 3 only
- (c) 3 and 4 only
- (d) 1, 3 and 4
Answer(c) 3 and 4 only
Adjacent provision of Article 124 — how a Supreme Court judge exits office by removal, the counterpart to resigning by writing to the President.
- practice — not a real PYQ
A Judge of the Supreme Court of India can be removed from office only by:
- (a)The Chief Justice of India
- (b)The President, after an address by both Houses of Parliament passed by a special majority
- (c)A Supreme Court collegium
- (d)The Union Cabinet
Answer(b) The President, after an address by both Houses of Parliament passed by a special majority (Article 124(4)).
- practice — not a real PYQ
Under the Constitution, a Judge of the Supreme Court of India holds office until he attains the age of:
- (a)60 years
- (b)62 years
- (c)65 years
- (d)70 years
Answer(c) 65 years (Article 124(2)).