UPSC General Studies Sample Paper General Studies Sample Paper-8

  • question_answer
    Which of the following statements regarding the appointment of High Court Judges is incorrect?
    1. Governor of a state is also consulted by the President in the appointment of the Chief Justice of State and other Judges of a High Court.
    2. Chief Justice of India should consult two of his senior colleagues before advising the President on appointment of High Court Judges.
    3. The minimum age required to be appointed as the Judge of a High Court is 30.
    4. President cannot appoint a person as a High Court Judge, unless the Chief Justice of India also agrees to that.
    Select the correct answer using the codes given below.

    A)  2, 3 and 4                    

    B)  1 and 3           

    C)  Only 3             

    D)  None of these

    Correct Answer: C

    Solution :

    [c] Statement 1 is correct. For the appointment of Chief Justice of a High Court the consultation is required with the Chief Justice of India and the Governor of the State and  the appointment of other judges, consultation with  concerned Chief Justice of the High Court is also require: Statement 2 is also correct. The provision requiring Chief Justice to consult two senior judges is not provided in the Constitution, but has emerged from the decisions the three judges cases. Statement 3 is incorrect as the Constitution does provide any minimum age for appointment as a High Judge except for saying that the persons should  been an advocate or held judicial office in India  years. Statement 4 is correct and the provision in regard has arisen not from the Constitution, but f Supreme Court judgements in the three judges cases  

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