Consider the following statements:1. The President appoints the judges...
Explanation:
The correct answer is option 'B' - 2 only.
Statement 1: The President appoints the judges of the High Court in consultation with the Chief Justice of India (CJI) and the Chief Minister of the State.
This statement is incorrect.
- The appointment of judges to the High Court is not done by the President alone.
- According to Article 217 of the Indian Constitution, the President appoints the judges of the High Court after consulting the Chief Justice of India (CJI), the Governor of the State, and, in the case of appointment of a judge other than the Chief Justice, the Chief Justice of the High Court.
- The Chief Minister of the State is not involved in the appointment process.
Statement 2: The High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
This statement is correct.
- The appointment of High Court judges is done through the Collegium system.
- The Collegium system was established through judicial interpretation, and it consists of the Chief Justice of India (CJI) and four of the senior-most judges of the Supreme Court.
- The Collegium recommends the names of suitable candidates for appointment as judges of the High Court to the President.
- The President is bound by the recommendations of the Collegium and is required to appoint the recommended candidates as judges.
Conclusion:
Only statement 2 is correct, while statement 1 is incorrect. Therefore, the correct answer is option 'B' - 2 only.
Consider the following statements:1. The President appoints the judges...
- Article 217 of the Constitution states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State. Hence, statement 1 is not correct.
- In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.
- The high court judge retires at the age of 62 years.
- Consultation Process: High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges. Hence, statement 2 is correct.
- The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
- The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
- The Chief Justice of India would, in consultation with the two senior most Judges of the Supreme Court, form his opinion in regard to a person to be recommended for appointment to the High Court.