Q40. Who appoints judges of the Supreme Court?
[WBCS Mains 2021, held May 2022]
(A) Prime Minister
(B) Governor
(C) Chief Minister
(D) President of India
Answer: (D) President of India
Explanation: Supreme Court judges are appointed by the President under Article 124 through the applicable constitutional consultation process. This differs from removal, which requires stringent parliamentary safeguards against arbitrary political action.
Q39. From which fund are Supreme Court judges’ salaries and allowances charged?
[WBCS Mains 2021, held May 2022]
(A) Consolidated Fund of India
(B) Parliamentary Grants Fund
(C) Contingency Fund of India
(D) Public Account of India
Answer: (A) Consolidated Fund of India
Explanation: Expenditure relating to Supreme Court judges’ salaries and allowances is charged on the Consolidated Fund of India. Charged expenditure is not subject to a routine parliamentary vote, which helps safeguard institutional independence.
Q38. If both the President and Vice-President are unable to discharge presidential functions, who acts as President under the relevant law?
[WBCS Mains 2021, held May 2022]
(A) Speaker of Lok Sabha
(B) Comptroller and Auditor General
(C) Cabinet Secretary
(D) Chief Justice of India
Answer: (D) Chief Justice of India
Explanation: Under the President (Discharge of Functions) Act, 1969, the Chief Justice of India, or in certain circumstances the senior-most available Supreme Court judge, discharges presidential functions if the ordinary succession offices are unavailable.
Q37. At what age must a judge of the Supreme Court retire?
[WBCS Mains 2021, held May 2022]
(A) 65 years
(B) 62 years
(C) 68 years
(D) 60 years
Answer: (A) 65 years
Explanation: Article 124 fixes retirement at sixty-five for Supreme Court judges. By comparison, High Court judges retire at sixty-two, a frequent distinction in examinations on the Indian judiciary and constitutional offices.
Q36. In which year was the Kesavananda Bharati judgment on basic structure delivered?
[WBCS Mains 2021, held May 2022]
(A) 1973
(B) 1983
(C) 1963
(D) 1984
Answer: (A) 1973
Explanation: The thirteen-judge Supreme Court bench delivered Kesavananda Bharati on 24 April 1973. Its central principle preserves the Constitution’s basic structure even when Parliament exercises its otherwise broad amendment power under Article 368.
Q35. Which of the following satisfies a constitutional ground of eligibility for appointment as a Supreme Court judge?
[UPSC CAPF Assistant Commandants, 8 August 2021]
(A) Ten years as an advocate in any court regardless of level
(B) Three years as a High Court judge
(C) Distinguished jurist in the opinion of the President
(D) Fifteen years in any judicial office
Answer: (C) Distinguished jurist in the opinion of the President
Explanation: Article 124 includes a distinguished jurist in the President’s opinion among the eligible categories. Other routes require at least five years as a High Court judge or ten years as an advocate of a High Court.
Q34. Consider:
1. The Chief Justice may request a retired Supreme Court judge to sit with the President’s prior consent.
2. A High Court cannot review its own judgment.
Which is correct?
[UPSC Civil Services Prelims 2021]
(A) Statement 1 only
(B) Statement 2 only
(C) Both statements
(D) Neither statement
Answer: (A) Statement 1 only
Explanation: Article 128 permits a retired Supreme Court judge to sit and act as a judge with presidential consent and the person’s consent. High Courts can review judgments within their recognized jurisdiction, so the second assertion is incorrect.
Q33. In which year did the Supreme Court of independent India begin operating?
[SSC CHSL 2020, held 19 April 2021]
(A) 1950
(B) 1955
(C) 1948
(D) 1952
Answer: (A) 1950
Explanation: The Supreme Court began functioning in 1950 after the Constitution commenced. Its inaugural ceremony was held on 28 January 1950. Before that transition, the Federal Court and residual arrangements involving the Privy Council had performed appellate functions.
Q32. In which year did the Regulating Act provide for a Supreme Court at Calcutta?
[SSC CHSL 2020, held 19 April 2021]
(A) 1890
(B) 1850
(C) 1773
(D) 1734
Answer: (C) 1773
Explanation: The Regulating Act, 1773, authorized establishment of the Supreme Court at Fort William. The colonial court began sitting in 1774, making the statute’s date and the functioning court’s inauguration year distinct historical facts.
Q31. Which types of temporary judges can be appointed to the Supreme Court: (i) ad hoc judges and (ii) additional judges?
[MPPSC State Service Prelims 2020, held 25 July 2021]
(A) Only (i) is permissible
(B) Only (ii) is permissible
(C) Both (i) and (ii) are permissible
(D) Neither is permissible
Answer: (A) Only (i) is permissible
Explanation: Article 127 permits ad hoc Supreme Court judges in specified circumstances. Additional judges are appointed to High Courts under Article 224, not to the Supreme Court. The categories must not be confused merely because both involve temporary judicial service.
