Question

Who appoints the judges of the Supreme Court and the High Courts?
A. President, according to his own wishes
B. President, on the advice of the Prime Minister
C. President, on the advice of the Prime Minister and in consultation with the Chief Justice of India
D. None of these

Answer 1

Hint: The Article 124 of the Indian constitution deals with the appointment of the Supreme court and it’s the constitution which again deals with the appointment of High Court judges. Such powers often reside within the hands of the executive.

Complete answer:
According to Clause 2, of Article 124, of the Indian constitution, the President with the consultation of the Chief Justice of India can appoint the judges of the Supreme Court. Such provisions are the same for the appointment of the judges of the High Court, where the President has to consult the Chief Justice of India, the Governor of the State and the Chief Justice of the High Court. Let’s examine the options one by one:
a. President, according to his own wishes; such provision is not backed by the Indian Constitution. The executive i.e. the President of India has not been given the complete discretion over the appointment of judges of the Supreme Court and the High Courts.
b. President, on the advice of the Prime Minister; such provision is also not backed by the Indian Constitution. The executives i.e. The President and Prime minister of India have been given the sole power regarding the appointment of judges of the Supreme Court and the High Courts.
c. President, on the advice of the Prime Minister and in consultation with the Chief Justice of India; the respective provision is backed by the Indian Constitution as the executives i.e. President and Prime minister of India with consultation of the Chief Justice of India can appoint the judges of the Supreme Court and the High Courts. (as per the articles of Indian constitution).
d. None of the above; if the answer is not among the given options.
The correct answer is ‘c’ as the President, on the advice of the Prime Minister and in consultation with the Chief Justice of India can appoint the judges of the Supreme Court and the High Courts.

Note: You should note that to answer such questions, one should remember the provisions mentioned in different articles pertaining to appointment of judicial positions – in the Indian Constitution.