The President can also appoint a duly qualified person as an acting j...
Appointment of Acting Judge by the President
Conditions for Appointment
The President of India can appoint a duly qualified person as an acting judge of a high court under the following conditions:
1. Unable to perform the duties of his office due to absence or any other reason
2. Appointed to act temporarily as chief justice of that high court
Both the conditions mentioned above are necessary for the appointment of an acting judge.
Role of Acting Judge
An acting judge is appointed to perform the duties of a judge who is unable to perform his duties due to absence or any other reason. The acting judge is also appointed when a judge of a high court is appointed as a temporary chief justice of that high court.
Qualification of Acting Judge
The person appointed as an acting judge must be duly qualified to be a judge of a high court. The Constitution of India lays down the qualifications for appointment as a judge of a high court.
Conclusion
The appointment of an acting judge by the President of India is an important provision in the Constitution of India. This provision ensures that the administration of justice is not affected due to the absence of a judge or the appointment of a temporary chief justice of a high court.
The President can also appoint a duly qualified person as an acting j...
The President's power to appoint an acting judge of a high court is governed by Article 224A of the Indian Constitution.
Conditions for Appointment as Acting Judge:
- The person appointed must be duly qualified to be appointed as a judge of that high court.
- The appointment must be made after consultation with the chief justice of the high court.
- The appointment must be for a temporary period.
Reasons for Appointment as Acting Judge:
1. Unable to Perform Duties due to Absence or Any Other Reason:
- This refers to situations where a judge of a high court is unable to perform his/her duties due to reasons such as illness, personal reasons, or any other circumstance.
- In such cases, the President can appoint a duly qualified person as an acting judge to discharge the functions of the absent judge.
2. Appointed to Act Temporarily as Chief Justice of that High Court:
- This refers to situations where a judge of a high court is appointed to act temporarily as the chief justice of that high court.
- In such cases, the President can appoint a duly qualified person as an acting judge to discharge the functions of the judge who has been appointed as the temporary chief justice.
Why Option C is Correct:
- Both of the above situations are valid reasons for the President to appoint an acting judge of a high court.
- Therefore, option C, which states that both 1 and 2 are correct, is the correct answer.
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