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Q127 (IAS/2006) Polity & Governance › Judiciary › High Court judges Answer Verified

Consider the following statements: I. A person who has held office as a permanent Judge of a High Court cannot pleaded or act in any court or before any authority in India except the Supreme Court. II. A person is not qualified for appointment as a Judge of a High Court in India unless he has for at least five years held a judicial office in the territory of India. Which of the statements given above is/are correct?

Result
Your answer: —  Â·  Correct: D
Explanation

The correct answer is Option 4 (Neither I nor II) because both statements are constitutionally inaccurate.

  • Statement I is incorrect: Under Article 220 of the Constitution, a retired permanent judge of a High Court is prohibited from pleading in that same High Court or courts subordinate to it. However, they are permitted to practice in the Supreme Court and other High Courts where they have not served as a permanent judge. The statement wrongly suggests they can only practice in the Supreme Court.
  • Statement II is incorrect: According to Article 217(2), the qualification for appointment as a High Court judge requires a person to have held a judicial office in India or been an advocate of a High Court for at least ten years, not five years as mentioned in the statement.

Since both statements contain factual errors regarding constitutional provisions, Option 4 is the right choice.

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SIMILAR QUESTIONS

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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?

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