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With reference to the removal of judges of the High court, consider the following statements:
1. A judge of a high court can be removed on the same grounds as a judge of the Supreme Court.
2. Judges of the high court are removed by the order of the Governor of the concerned state.
3. Judges Enquiry Act, 1968 regulates the procedure relating to the removal of a judge of the High court.
Which of the statements given above are correct?
  • a)
    2 and 3 only
  • b)
    1 and 3 only
  • c)
    1 and 2 only
  • d)
    1, 2 and 3 
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
With reference to the removal of judges of the High court, consider th...
  1. A judge of high court can be removed by order of the President. President can issue a removal order only after an address by the Parliament has been presented to him for such removal. The address must be supported by a special majority of each House of Parliament. Hence statement 2 is not correct. 
  2. There are only two grounds of removal for a judge of the Supreme Court – Proved misbehavior and incapacity. The judge of high court can be removed in the same manner and on the same grounds as a judge of the Supreme Court. Hence statement 1 is correct. 
  3. The procedure for the removal of judges is elaborated in the Judges Inquiry Act, 1968. Hence statement 3 is correct.
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Most Upvoted Answer
With reference to the removal of judges of the High court, consider th...
Explanation:
- Statement 1: A judge of a high court can be removed on the same grounds as a judge of the Supreme Court.
- Statement 2: Judges of the high court are removed by the order of the Governor of the concerned state.
- Statement 3: Judges Enquiry Act, 1968 regulates the procedure relating to the removal of a judge of the High court.

Statement 1: A judge of a high court can be removed on the same grounds as a judge of the Supreme Court.
This statement is correct. According to Article 124(4) of the Indian Constitution, a judge of the Supreme Court can be removed from office by an order of the President of India on the grounds of proved misbehavior or incapacity. The same grounds apply to judges of the high court as well, as mentioned in Article 218 of the Constitution.

Statement 2: Judges of the high court are removed by the order of the Governor of the concerned state.
This statement is incorrect. The removal of judges of the high court is not done by the Governor of the concerned state. The procedure for the removal of judges of the high court is different from that of judges of the Supreme Court. For judges of the high court, the President of India initiates the removal process based on a resolution passed by both Houses of Parliament, as per Article 217 read with Article 124(4) of the Constitution.

Statement 3: Judges Enquiry Act, 1968 regulates the procedure relating to the removal of a judge of the High court.
This statement is correct. The Judges Enquiry Act, 1968 provides for the procedure for the investigation and proof of misbehavior or incapacity of a judge of the Supreme Court or a high court. It sets out the process for appointing a committee to conduct the inquiry and the subsequent steps to be followed in the removal process.

Therefore, the correct statements are 1 and 3 only.
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With reference to the removal of judges of the High court, consider the following statements:1. A judge of a high court can be removed on the same grounds as a judge of the Supreme Court.2. Judges of the high court are removed by the order of the Governor of the concerned state.3. Judges Enquiry Act, 1968 regulates the procedure relating to the removal of a judge of the High court.Which of the statements given above are correct?a)2 and 3 onlyb)1 and 3 onlyc)1 and 2 onlyd)1, 2 and 3Correct answer is option 'B'. Can you explain this answer?
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