The age of a judge of the Supreme Court shall be determined by such authority as may be provided by
Article 124(2A) of the Constitution of India (inserted by Section 2 of the Constitution (Fifteenth Amendment) Act, 1963) provides: 'The age of a Judge of the Supreme Court…
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The age of a judge of the Supreme Court shall be determined by such authority as may be provided by
Answer and explanation
Correct answer A
Article 124(2A) of the Constitution of India (inserted by Section 2 of the Constitution (Fifteenth Amendment) Act, 1963) provides: 'The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.' (Note the contrast with Article 217(3) for High Court Judges, where any question as to age is decided by the President after consultation with the Chief Justice of India).
Option feedback
Option A
Correct. Under Article 124(2A) of the Constitution of India (inserted by the Constitution (Fifteenth Amendment) Act, 1963), the age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.
Option B
Incorrect. The National Judicial Appointments Commission (inserted by the 99th Amendment Act, 2014) was struck down as unconstitutional in Supreme Court Advocates-on-Record Association vs. Union of India, (2016) 5 SCC 1, and Article 124(2A) vests the legislative power in Parliament.
Option C
Incorrect. While the President decides the age of a High Court Judge after consultation with the Chief Justice of India under Article 217(3), under Article 124(2A) the age of a Supreme Court Judge is determined by such authority and in such manner as Parliament may by law provide.
Option D
Incorrect. The President determines the age of a High Court Judge under Article 217(3), whereas for a Supreme Court Judge, Article 124(2A) empowers Parliament to provide the authority and manner by law.
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