Consider the following statements:
1. A person who has held office as a permanent as a permanent Judge of a High Court cannot plead or act in any court or before any authority in India except 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?
A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Correct Answer: Option D
Explanation
1. Statement 1 is incorrect. Article 220 of the Constitution states that a person who has held office as a permanent Judge of a High Court shall not plead or act in any court or before any authority in India except the Supreme Court AND the other High Courts (i.e., any High Court other than the one in which they served as a permanent judge). The statement incorrectly omits the eligibility to practice in other High Courts.
2. Statement 2 is incorrect. Article 217(2) specifies the qualifications for appointment as a Judge of a High Court. A person is not qualified unless he is a citizen of India and (a) has for at least ten years held a judicial office in the territory of India; OR (b) has for at least ten years been an advocate of a High Court. The statement incorrectly mentions five years instead of ten years for holding judicial office.
3. Therefore, neither statement 1 nor 2 is correct.