Q. With reference to the provisions regarding temporary appointments in the Supreme Court, consider the following statements:
1.An acting Chief Justice of India can be appointed only when the office of the Chief Justice of India is vacant.
2.An ad hoc judge of the Supreme Court can be appointed from among the judges of a High Court only with the consent of the President and the Chief Justice of that High Court.
3.A retired judge acting as a judge of Supreme Court is entitled to allowances and privileges as determined by the President but is not deemed to be a regular judge of the Court.
Which of the statements given above is/are correct?
Quarterly-SFG-Jan-to-March
Red Book

[A] 1 and 2 only

[B] 2 and 3 only

[C] 1 and 3 only

[D] 1, 2 and 3

Answer: B
Notes:

Explanation:

  • An acting Chief Justice of India can be appointed not only when the office is vacant but also when the Chief Justice is temporarily absent or unable to perform duties.
  • An ad hoc judge can be appointed from a High Court with prior consultation with the Chief Justice of that High Court and the previous consent of the President.
  • A retired judge can be appointed to act as a judge of the Supreme Court with the consent of the President and the person concerned, and while he enjoys the powers and privileges of a judge, he is not considered a regular judge of the Supreme Court.

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