Consider the following statements: 1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court. 2. After retirement from the office, a permanent Judge of a High Court cannot plead or act in any cou

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Q: 65 (IAS/2007)
Consider the following statements:
1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court.
2. After retirement from the office, a permanent Judge of a High Court cannot plead or act in any court or before any authority in India.
Which of the statements given above is/are correct?

question_subject: 

Polity

question_exam: 

IAS

stats: 

0,131,99,131,13,73,13

keywords: 

{'permanent judge': [0, 0, 2, 0], 'removal': [2, 0, 5, 5], 'judge': [6, 1, 14, 17], 'supreme court': [12, 1, 4, 14], 'court': [11, 1, 18, 32], 'mode': [0, 1, 2, 1], 'high court': [1, 0, 2, 0], 'authority': [1, 0, 0, 0]}

The correct answer is Option 1: 1 only.

Statement 1: The mode of removal of a Judge of a High Court in India is the same as that of removal of a Judge of the Supreme Court.

This statement is correct. The mode of removal of a Judge of a High Court in India is indeed the same as that of a Judge of the Supreme Court. According to the Constitution of India, Judges of the High Court and Supreme Court can be removed only through the process of impeachment. Impeachment is a lengthy and detailed process involving charges of proved misbehavior or incapacity. The procedure for removal of a Judge is governed by Article 124(4) for the Supreme Court and Article 217 for the High Courts.

The process of removal involves the following steps:

1. A motion to impeach a Judge must be initiated in either the Lok Sabha (the lower house of Parliament) or the Rajya Sabha (the upper house of Parliament).

2. The motion must be supported by at least 100 members in the Lok Sabha or 50 members in the Rajya Sabha.

3. If the motion is admitted, a committee is formed to investigate the charges against the Judge.

4. The committee submits its report to the Parliament.

5. If the committee finds the Judge guilty of the charges, the motion for removal is taken up for consideration in the house where it was initiated.

6. The motion must be passed by a special majority of at least two-thirds of the total members present and voting.

7. After the motion is passed in one house, it is sent to the other house for consideration.

8. If the motion is passed by both houses with the requisite majority, the President of India removes the Judge from office.

Statement 2: After retirement from the office, a permanent Judge of a High Court cannot plead or act in any court or before any authority in India.

This statement is incorrect. After retirement from the office, a permanent Judge of a High Court can indeed plead or act in any court or before any authority in India, subject to certain restrictions. However, it is important to note that retired Judges are generally prohibited from practicing in the same High Court from which they retired.

The restriction on practicing in the same High Court is to ensure that retired Judges do not exert undue influence or interfere with the functioning of the judiciary. It also helps maintain the independence and impartiality of the judiciary. Retired Judges can choose to practice in other courts, including lower courts or other High Courts, provided they meet the necessary qualifications and adhere to the rules and regulations governing legal practice.

In conclusion, only Statement 1 is correct, while Statement 2 is incorrect. The mode of removal of a Judge of a High Court in India is the same as that of a Judge of the Supreme Court, through the process of impeachment. After retirement, a permanent Judge of a High Court can practice in courts or before authorities, except in the same High Court from which they retired.