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Q64 (IAS/2007) Polity & Governance › Judiciary › Judges removal and impeachment Answer Verified

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?

Result
Your answer: —  Â·  Correct: A

Explanation

Statement 1 is correct. A High Court judge can be removed only by an order of the President passed after an address by each House of Parliament supported by a special majority on grounds of proved misbehaviour or incapacity; thus the manner and grounds mirror those for a Supreme Court judge [1]. Statement 2 is incorrect. Retired permanent judges of a High Court are prohibited from pleading or acting in any court or before any authority in India except the Supreme Court and the other High Courts — so there is not an absolute bar on all courts/authorities within India [2]. Therefore only statement 1 is correct.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > INDEPENDENCE OF HIGH COURT > p. 357
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