Which Article of the Constitution of India grants power to the President to appoint Judges of the Supreme Court?
- AOption (a)
Article 124(2)
- BOption (b)
Article 123(1)
- COption (c)
Article 127(3)
- DOption (d)
Article 128(4)
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Correct answer
Article 124(2)
Why this answer is correct
The correct answer is Article 124(2)
Key Points
- Article 124(2) of the Constitution of India gives the President the power to appoint judges to the Supreme Court:
- The President appoints judges by warrant under their hand and seal.
- The President consults with other Supreme Court judges and High Court judges in the states when appointing a judge.
- The Chief Justice of India is always consulted when appointing a judge other than the Chief Justice.
- Judges serve until they turn 65 years old.
- Judges can resign by writing to the President.
- Article 124 of the Constitution also covers the establishment and composition of the Supreme Court.
- It states that the Supreme Court is made up of the Chief Justice of India and up to seven other judges, as determined by Parliament
Additional Information
- Article 123(1): Gives the President the power to issue ordinances when Parliament is not in session.*
- The President can issue an ordinance if they believe immediate action is necessary.
- The ordinance has the same force and effect as an Act of Parliament, but it must be laid before both houses of Parliament.
- The ordinance will stop working after six weeks from when Parliament reconvenes, or if both houses pass resolutions disapproving it before then.
- The President can also withdraw the ordinance at any time.
- Article 127(3)
- It Deals with the appointment of an Ad hoc Chief Justice of India.
- This provision comes into play when the office of the Chief Justice of India is vacant due to reasons like resignation, death, or retirement, and there is no provision for the appointment of a new Chief Justice at that time.
- Article 128(4)
- Article 128(4) of the Indian Constitution relates to the attendance of retired judges of the Supreme Court in the proceedings of the Supreme Court as ad hoc judges.
- "A Judge of the Supreme Court who has ceased to hold office may, with his consent, be requested by the President to attend any sitting of the Supreme Court for the purpose of assisting the Court."