All questions of High Court for UPSC CSE Exam

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Understanding the Minimum Number of Judges for Constitutional Cases
In the context of High Courts in India, the minimum number of judges required to hear a constitutional case is crucial for ensuring fair and balanced judicial proceedings.
Significance of Two Judges
- The Constitution of India mandates that certain significant matters must be handled by more than one judge to maintain judicial integrity and prevent arbitrary decisions.
- Having at least two judges allows for a more diverse interpretation of the law, leading to comprehensive deliberation on constitutional issues.
Constitutional Provisions
- Article 145 of the Indian Constitution empowers the Supreme Court and High Courts to make rules regarding the composition of benches.
- It often stipulates that cases involving substantial questions of law or constitutional validity should be referred to a division bench, which typically consists of at least two judges.
Benefits of a Two-Judge Bench
- Checks and Balances: The presence of two judges ensures that there is a check on individual biases and promotes collaborative decision-making.
- Enhanced Deliberation: Complex constitutional matters benefit from the varied perspectives of multiple judges, leading to more nuanced judgments.
- Precedent Setting: Decisions made by a bench of two judges can create significant precedents, influencing future cases and the interpretation of laws.
Conclusion
In summary, option 'B' is correct because at least two judges are required to hear constitutional cases in a High Court, ensuring fairness, integrity, and thoroughness in judicial proceedings.

The correct answer is option 'C' - Parliament.

Explanation:
The procedure for the removal of a judge of a High Court from office is outlined in Article 217 of the Indian Constitution. According to this article, a judge of a High Court can be removed from office only by an order of the President of India. However, this order can only be issued after an address by Parliament has been presented to the President in the same session for such removal on the grounds of proven misbehavior or incapacity.

Here is a detailed explanation of the process:

1. Investigation: If a judge of a High Court is alleged to have engaged in misbehavior or is unable to perform his/her duties due to incapacity, an investigation is initiated. The investigation can be conducted by a committee of three members - two judges and one jurist.

2. Report by Committee: After conducting the investigation, the committee submits its report to the Chief Justice of India, who then shares it with the President.

3. Presentation of Address: Based on the report, if the misbehavior or incapacity is proven, an address is presented to the President by Parliament. This address must be supported by a majority of the total membership of each House of Parliament and by a majority of not less than two-thirds of the members present and voting.

4. Order by the President: After the address has been presented to the President, he/she can issue an order for the removal of the judge from office.

It is important to note that the power to remove a judge of a High Court lies with Parliament and not with the President, Chief Justice of India, or the Governor of the respective state. The President can only issue the order of removal after Parliament has presented an address in this regard. This process ensures the independence of the judiciary and provides a mechanism for the removal of judges in case of proven misbehavior or incapacity.

There are a total of 26 High Courts in India as of 2021.

The High Court is the highest judicial authority within a state or union territory in India. It serves as the principal court for both civil and criminal matters at the state level. The High Courts are established under Article 214 of the Indian Constitution, and each state or union territory has its own High Court.

Here is a breakdown of the High Courts in India:

1. Andhra Pradesh High Court: The Andhra Pradesh High Court is located in Amaravati and has jurisdiction over the state of Andhra Pradesh.

2. Allahabad High Court: The Allahabad High Court is located in Prayagraj and has jurisdiction over the state of Uttar Pradesh.

3. Bombay High Court: The Bombay High Court is located in Mumbai and has jurisdiction over the states of Maharashtra and Goa.

4. Calcutta High Court: The Calcutta High Court is located in Kolkata and has jurisdiction over the states of West Bengal and Andaman and Nicobar Islands.

5. Delhi High Court: The Delhi High Court is located in New Delhi and has jurisdiction over the National Capital Territory of Delhi.

6. Gauhati High Court: The Gauhati High Court is located in Guwahati and has jurisdiction over the states of Assam, Arunachal Pradesh, Nagaland, and Mizoram.

7. Gujarat High Court: The Gujarat High Court is located in Ahmedabad and has jurisdiction over the state of Gujarat.

8. Himachal Pradesh High Court: The Himachal Pradesh High Court is located in Shimla and has jurisdiction over the state of Himachal Pradesh.

9. Jammu and Kashmir High Court: The Jammu and Kashmir High Court is located in Srinagar during the summer season and in Jammu during the winter season. It has jurisdiction over the union territory of Jammu and Kashmir.

10. Jharkhand High Court: The Jharkhand High Court is located in Ranchi and has jurisdiction over the state of Jharkhand.

11. Karnataka High Court: The Karnataka High Court is located in Bengaluru and has jurisdiction over the state of Karnataka.

12. Kerala High Court: The Kerala High Court is located in Kochi and has jurisdiction over the state of Kerala and the Union Territory of Lakshadweep.

13. Madhya Pradesh High Court: The Madhya Pradesh High Court is located in Jabalpur and has jurisdiction over the state of Madhya Pradesh.

14. Madras High Court: The Madras High Court is located in Chennai and has jurisdiction over the states of Tamil Nadu and Puducherry.

15. Manipur High Court: The Manipur High Court is located in Imphal and has jurisdiction over the state of Manipur.

16. Meghalaya High Court: The Meghalaya High Court is located in Shillong and has jurisdiction over the state of Meghalaya.

17. Orissa High Court: The Orissa High Court is located in Cuttack and has jurisdiction over the state of Odisha.

18. Patna High Court: The Patna High Court is located in Patna and has jurisdiction over the state of Bihar.

19. Punjab and Haryana High Court: The Punjab and Haryana High Court is located in Chandigarh and has jurisdiction over the states of Punjab and Haryana, as well as the Union Territory of Chandigarh.

20. Rajasthan High

Retirement age of a judge in a High Court is generally up to 65 years. Let's discuss the reasons behind this retirement age and the significance of it in the Indian judiciary system.

1. Retirement age in the Indian judiciary system:
- The retirement age of judges in the Indian judiciary is determined by the Constitution of India.
- Article 217 of the Constitution deals with the appointment and conditions of the High Court judges, including their retirement age.
- The retirement age for judges in the High Court is generally set at 62 years, but it can be extended up to 65 years.
- The President of India has the authority to extend the retirement age of a High Court judge based on their performance and other factors.

2. Factors determining the retirement age:
- Experience and expertise: Judges acquire significant experience and expertise over the years. Extending the retirement age allows them to continue serving the judiciary with their valuable knowledge.
- Workload: The Indian judiciary often faces a heavy backlog of cases, leading to delays in the justice system. Retaining experienced judges for a longer period can help reduce the workload and expedite the disposal of cases.
- Stability in the judiciary: Consistency and stability in the judiciary are crucial for maintaining the rule of law. By extending the retirement age, the judiciary can retain experienced judges and ensure continuity in the decision-making process.
- Health and fitness: The retirement age takes into consideration the physical and mental health of the judges. It allows them to retire at an age when they can still contribute effectively to the judiciary without compromising their well-being.

3. Impact on the Indian judiciary:
- Continuity and stability: Extending the retirement age allows the High Court to maintain continuity in its functioning. It ensures that experienced judges continue to serve and contribute to the development of jurisprudence.
- Reduced backlog: The retirement age extension can help reduce the backlog of cases by enabling experienced judges to handle a larger number of cases before their retirement.
- Improved efficiency: With experienced judges on board, the High Court can benefit from their expertise and efficiency in delivering judgments, thereby enhancing the overall functioning of the judiciary.

In conclusion, the retirement age of a judge in a High Court is generally up to 65 years. This extension allows the Indian judiciary to benefit from the experience, expertise, and stability of judges, leading to improved efficiency and reduced backlog of cases.