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Who can remove a judge of a High Court from office?

  • a)
    Prime Minister

  • b)
    Chief Justice of India

  • c)
    Parliament

  • d)
    Governor of the respective state

Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Who can remove a judge of a High Court from office?a)Prime Ministerb)C...
A judge of a High Court can be removed from office by the process of impeachment carried out by Parliament.
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Community Answer
Who can remove a judge of a High Court from office?a)Prime Ministerb)C...
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.
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Similar UPSC Doubts

Read the following passages and answer the items that follow. Your answer to the items should be based on the passages only. PASSAGEThe pleasure doctrine is a concept derived from English common law, under which the crown can dispense with the services of anyone in its employ at any time. In India, Article 310 of the Constitution says every person in the defence or civil service of the Union holds office during the pleasure of the President, and every member of the civil service in the states holds office during the pleasure of the Governor. However, Article 311 imposes restrictions on the removal of a civil servant. It provides for civil servants being given a reasonable opportunity for a hearing on the charges against them. There is also a provision to dispense with the inquiry if it is not practicable to hold one, or if it is not expedient to do so in the interest of national security. In practical terms, the pleasure of the President referred to here is that of the Union government, and the Governor’s pleasure is that of the State government. Under Article 164, the Chief Minister is appointed by the Governor; and the other Ministers are appointed by the Governor on the CM’s advice. It adds that Ministers hold office during the pleasure of the Governor. In a constitutional scheme in which they are appointed solely on the CM’s advice, the ‘pleasure’ referred to is also taken to mean the right of the Chief Minister to dismiss a Minister, and not that of the Governor. The following implications have been drawn from the above passage:I. According to Article 164 a Governor can dismiss a Minister without concurrence of a Chief Minister.II. ‘Pleasure’ in Article 164 refers to the right of the Chief Minister in the constitutional setting.Which of the above implications are / is false?

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Who can remove a judge of a High Court from office?a)Prime Ministerb)Chief Justice of Indiac)Parliamentd)Governor of the respective stateCorrect answer is option 'C'. Can you explain this answer?
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