GS PrelimsPolityAppointment and Removal of Judges2007

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?

A

1 only

B

2 only

C

Both 1 and 2

D

Neither 1 nor 2

Correct Answer: Option A

Explanation

1. Statement 1 is correct. Article 124(4) and 124(5) of the Constitution lay down the procedure for the removal of a Judge of the Supreme Court. Article 218 states that these provisions relating to the Supreme Court shall apply in relation to a High Court. Therefore, the mode of removal is the same (impeachment by Parliament). 2. Statement 2 is incorrect. According to Article 220 of the Constitution, after retirement, a permanent Judge of a High Court is prohibited from pleading or acting in any court or before any authority in India, *except* the Supreme Court and other High Courts (High Courts in which they have not served as a permanent judge). So, they are not barred from *all* courts and authorities.

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