Podcast
Questions and Answers
Under what condition, as stipulated in Article 126 of the Indian Constitution, can the duties of the Chief Justice of India be temporarily assigned to another judge?
Under what condition, as stipulated in Article 126 of the Indian Constitution, can the duties of the Chief Justice of India be temporarily assigned to another judge?
- When the Chief Justice is facing impeachment proceedings initiated by the Parliament.
- When the President deems it necessary for a more efficient dispensation of justice.
- When a majority of the Supreme Court judges pass a resolution requesting a temporary replacement.
- When the Chief Justice is temporarily unable to perform their duties due to absence or other reasons. (correct)
According to Article 125, which entity initially determines the salaries of the Judges of the Supreme Court until Parliament enacts a law specifying otherwise?
According to Article 125, which entity initially determines the salaries of the Judges of the Supreme Court until Parliament enacts a law specifying otherwise?
- The Second Schedule of the Indian Constitution. (correct)
- The President of India, through an executive order.
- A committee appointed by the Prime Minister's Office.
- The Chief Justice of India, in consultation with the Ministry of Finance.
What constitutional safeguard is provided to a Supreme Court Judge regarding their privileges, allowances, and rights related to leave of absence and pension after their appointment, as per Article 125?
What constitutional safeguard is provided to a Supreme Court Judge regarding their privileges, allowances, and rights related to leave of absence and pension after their appointment, as per Article 125?
- These are guaranteed only for the duration of the government that appointed them.
- These cannot be varied to their disadvantage after their appointment. (correct)
- These can be altered based on the government's fiscal policies, but only with the judge's consent.
- These are subject to periodic review by a parliamentary committee.
Under Article 127, which body is empowered to initiate the process of appointing an ad hoc Judge to the Supreme Court due to a lack of quorum?
Under Article 127, which body is empowered to initiate the process of appointing an ad hoc Judge to the Supreme Court due to a lack of quorum?
What specific qualification must a High Court judge possess to be considered eligible for designation as an ad hoc Judge of the Supreme Court under Article 127?
What specific qualification must a High Court judge possess to be considered eligible for designation as an ad hoc Judge of the Supreme Court under Article 127?
What is the hierarchical obligation of a High Court judge designated as an ad hoc Judge of the Supreme Court under Article 127 concerning their duties?
What is the hierarchical obligation of a High Court judge designated as an ad hoc Judge of the Supreme Court under Article 127 concerning their duties?
While serving as an ad hoc Judge of the Supreme Court, what jurisdictional and authoritative entitlements does a designated High Court judge possess, according to Article 127?
While serving as an ad hoc Judge of the Supreme Court, what jurisdictional and authoritative entitlements does a designated High Court judge possess, according to Article 127?
Under what explicit condition does Article 128 permit the National Judicial Appointments Commission to request a retired judge to sit and act as a Judge of the Supreme Court?
Under what explicit condition does Article 128 permit the National Judicial Appointments Commission to request a retired judge to sit and act as a Judge of the Supreme Court?
Besides former Supreme Court judges, which other category of individuals can be requested to sit and act as a Judge of the Supreme Court under the provisions of Article 128?
Besides former Supreme Court judges, which other category of individuals can be requested to sit and act as a Judge of the Supreme Court under the provisions of Article 128?
When a retired judge is requested to sit and act as a Judge of the Supreme Court under Article 128, what financial entitlements are they eligible for?
When a retired judge is requested to sit and act as a Judge of the Supreme Court under Article 128, what financial entitlements are they eligible for?
What is the scope of jurisdiction, powers and privileges granted to a retired judge while sitting and acting as a Judge of the Supreme Court under Article 128?
What is the scope of jurisdiction, powers and privileges granted to a retired judge while sitting and acting as a Judge of the Supreme Court under Article 128?
According to Article 128, under what condition is a retired judge NOT to be deemed a Judge of the Supreme Court, despite being requested to sit and act as one?
According to Article 128, under what condition is a retired judge NOT to be deemed a Judge of the Supreme Court, despite being requested to sit and act as one?
What implication does the phrase 'Notwithstanding anything in this Chapter' have on the application of Article 128, concerning the attendance of retired Judges at sittings of the Supreme Court?
What implication does the phrase 'Notwithstanding anything in this Chapter' have on the application of Article 128, concerning the attendance of retired Judges at sittings of the Supreme Court?
What is the procedural implication if the President withholds consent for the Chief Justice of India's recommendation to appoint an ad hoc judge under Article 127?
What is the procedural implication if the President withholds consent for the Chief Justice of India's recommendation to appoint an ad hoc judge under Article 127?
Assuming the National Judicial Appointments Commission (NJAC) is non-functional, which procedure would apply for ad-hoc judge appointments?
Assuming the National Judicial Appointments Commission (NJAC) is non-functional, which procedure would apply for ad-hoc judge appointments?
Under Article 125, if Parliament reduces the salary of Supreme Court judges, can it affect currently-serving judges?
Under Article 125, if Parliament reduces the salary of Supreme Court judges, can it affect currently-serving judges?
Considering the provisions for allowances to retired judges under Article 128, who bears the financial responsibility for these allowances?
Considering the provisions for allowances to retired judges under Article 128, who bears the financial responsibility for these allowances?
How would a conflict between a High Court judge's existing duties and the requirement to attend Supreme Court sittings as an ad hoc judge be resolved?
How would a conflict between a High Court judge's existing duties and the requirement to attend Supreme Court sittings as an ad hoc judge be resolved?
If a retired Supreme Court Judge is requested to serve again under Article 128 and accepts, is this considered re-employment under government service rules?
If a retired Supreme Court Judge is requested to serve again under Article 128 and accepts, is this considered re-employment under government service rules?
In the absence of explicit provisions, how is the determination made regarding whether a High Court judge is 'duly qualified for appointment as a Judge of the Supreme Court' under Article 127 and 128?
In the absence of explicit provisions, how is the determination made regarding whether a High Court judge is 'duly qualified for appointment as a Judge of the Supreme Court' under Article 127 and 128?
Flashcards
Judges' Salaries
Judges' Salaries
Salaries of Supreme Court Judges are determined by Parliament. Until Parliament makes a law, salaries are as specified in the Second Schedule.
Judges' Entitlements
Judges' Entitlements
Judges are entitled to privileges, allowances, leave, and pension rights as determined by Parliament. These benefits cannot be changed to their disadvantage after appointment.
Acting Chief Justice
Acting Chief Justice
When the Chief Justice of India's office is vacant, or they're unable to perform duties, the President can appoint another Judge of the Court to perform the duties of the office.
Ad hoc Judge Appointment
Ad hoc Judge Appointment
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Authority of ad hoc Judge
Authority of ad hoc Judge
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Retired Judges Attendance
Retired Judges Attendance
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Powers for Retired Judges
Powers for Retired Judges
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Study Notes
- Judges of the Supreme Court receive salaries as determined by parliamentary law.
- Until Parliament makes such provision, salaries are as specified in the Second Schedule.
- Every Judge is entitled to privileges, allowances, and rights regarding leave of absence and pension as determined by parliamentary law.
- Until determined by law, these entitlements are as specified in the Second Schedule.
- The privileges, allowances, or rights re: leave of absence/pension of a Judge cannot be varied to their disadvantage post-appointment.
Appointment of Acting Chief Justice
- If the office of Chief Justice of India is vacant, or the Chief Justice is unable to perform duties, the President may appoint another Judge of the Court to perform the duties of the office.
Appointment of Ad Hoc Judges
- If a quorum of Supreme Court Judges is not available, the National Judicial Appointments Commission, after reference by the Chief Justice of India and with the President's consent, may request a High Court Judge (qualified for Supreme Court appointment) to attend Supreme Court sittings as an ad hoc Judge.
- The Chief Justice of India designates the ad hoc Judge after consulting with the Chief Justice of the High Court concerned.
- The designated Judge must prioritize attendance at the Supreme Court and has the jurisdiction, powers, privileges, and duties of a Supreme Court Judge during that period.
Attendance of Retired Judges at Sittings of the Supreme Court
- The National Judicial Appointments Commission, with the President's prior consent, can request a former Judge of the Supreme Court, Federal Court, or a High Court Judge (qualified for Supreme Court appointment) to sit and act as a Judge of the Supreme Court.
- Such a person is entitled to allowances as determined by the President.
- They also have the jurisdiction, powers, and privileges of a Judge of the Supreme Court while sitting and acting.
- However, they are not otherwise considered a Judge of that Court.
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