If a question arises about the age of a Judge of a High Court, who will decide about this matter?
President with the consultation of Chief Justice of Supreme Court
Deciding the Age of a High Court Judge
The question asks about the procedure for determining the age of a High Court Judge if a doubt or question arises regarding it. This is a specific constitutional matter outlined in the Indian Constitution.
According to the Constitution of India, particularly Article 217(3), if any question arises regarding the age of a Judge of a High Court, the decision rests with a specific authority after due consultation.
Let's examine the options provided:
- Chief Justice of High Court: The Chief Justice of the concerned High Court is involved in the administration of the court but does not have the final authority to decide a Judge's age.
- Governor with the consultation of Chief Justice of High Court: The Governor is the head of the state executive, and while involved in the appointment process under certain circumstances, the final decision on a High Court Judge's age dispute is not vested solely with the Governor, even in consultation with the High Court Chief Justice.
- Chief Justice of Supreme Court: The Chief Justice of the Supreme Court plays a crucial role in the appointment and transfer of High Court Judges and is consulted on significant matters related to the judiciary. This option involves consultation but not the final decision-maker alone.
- President with the consultation of Chief Justice of Supreme Court: This option aligns with the constitutional provision. Article 217(3) states that any question arising about the age of a Judge of a High Court shall be decided by the President after consultation with the Chief Justice of India, and the decision of the President shall be final. The Chief Justice of the Supreme Court is the same as the Chief Justice of India.
Therefore, the authority empowered to make the final decision on the age of a High Court Judge, when a question arises, is the President, acting after consultation with the Chief Justice of the Supreme Court (Chief Justice of India).
Important Questions from Judiciary
Who appoints the judges of the Supreme Court?
How Supreme Court protects the Supremacy of the Constitution ?
i. By due process of law
ii. By procedure established by law
In the context of judicial Review what is a duty of Supreme Court:
In a federal system why a Judiciary is essential ?
a. To enterprete the Constitution
b. To protect the Fundamental Rights
c. To protect the Supremacy of the Constitution
d. To protect Democratic system
e. To settle disputes between centre and states
f. To protect parliamentary system
With reference to India, consider the following statements :
1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
which of the statements given above is/are correct?
