Question

The judges of the Supreme Court take an oath or affirmation before entering upon office, conducted by ____________.
A. Chief Justice of India
B. President or Vice-President
C. President or some person appointed by him
D. None of the above

Answer 1

Hint: The Supreme Court is supreme of any other courts and comprises the Chief Justice and 30 other judges. The Supreme Court has been given a consultative role which is further backed by the Indian Constitution.

Complete Step by Step Answer: The Constitution seeks to ensure the independence of Supreme Court judges in various ways. The Supreme Court comprises the Chief Justice and 30 other judges who are appointed by the President of India, himself. A Supreme Court Judge cannot be removed from office without any further notice. He can only be removed by an order of the President passed after an address in each House of the Parliament supported by a two-thirds majority of the members present and voting and is presented to the President in the same session for such removal on the ground of proved incapacity or misbehaviour. The proceeding of the Supreme Court is conducted in English only.
Let us examine the options –
Option A – The Chief Justice, himself is a part of the Supreme Court, so this option is invalid.
Option B – The judges are appointed by the President and not by the Vice-President. Hence, the judges of the Supreme Court take an oath or affirmation before entering upon office before the President or some person appointed by him.
Option C – The President only appoints the judges of the Supreme Court and thus they take an oath or affirmation before him or some person appointed by him.
Option D – This option is invalid as the correct option is option C.
Hence the correct option is option C.

Note: The jurisdiction of the Supreme Court is of fivefold – Original Jurisdiction, Writ Jurisdiction, Appellate Jurisdiction, Advisory Jurisdiction and Revisory Jurisdiction. The Supreme Court enjoys the power to express its opinion on an issue referred by the President seeking its opinion under Article 143 of the Indian Constitution.