Indian Polity : High Court & Subordinate Courts

Q 6 / 11

UPSC CSE Prelims 2006

Consider the following statements:

  1. A person who has held office as a permanent Judge of a High Court cannot plead or act in any court or before any authority in India except of the Supreme Court.
  2. 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?

EXPLANATION

Correct Option (d):

Statement 1 is incorrect. Article 220 of the Constitution of India stipulates that a person who has held office as a permanent Judge of a High Court is barred from pleading or acting in any court or before any authority in India, except the Supreme Court and any other High Court (excluding the one in which they served). The statement incorrectly limits the exception only to the Supreme Court, omitting the provision for other High Courts.

Statement 2 is incorrect. Article 217(2) of the Constitution outlines the qualifications for appointment as a Judge of a High Court. A person is qualified if they have either held a judicial office in the territory of India for at least ten years, or have been an advocate of a High Court for at least ten years. The statement incorrectly specifies a five-year period for holding a judicial office.

Since both statements are factually incorrect, option (d) is the correct answer.

Incorrect Options

Options (a), (b), and (c) are incorrect because they assert that one or both statements are correct. As established, both Statement 1 and Statement 2 contain inaccuracies regarding constitutional provisions for High Court judges' post-retirement practice and appointment qualifications, respectively.

SOURCEIndian Polity by M. Laxmikanth, Chapter 31: High Court