UPSC Prelims 2007 · General Studies
Question 43: Polity and Governance
Consider the following statements:
- 1.The mode of removal of a Judge of a High Court in India is the same as that of removal of a Judge of the Supreme Court.
- 2.After retirement from office, a permanent Judge of a High Court cannot plead or act in any court or before any authority in India.
Which of the statements given above is/are correct?
AnswerThe answer is (a).
A High Court judge is removed in the same way as a Supreme Court judge: Article 217 applies the Article 124(4) and (5) procedure, an address by each House passed by a special majority on proved misbehaviour or incapacity. Statement 2 is wrong: under Article 220 a retired permanent High Court judge is barred from practice in most courts, but he may still plead in the Supreme Court and in High Courts other than his own.
- 1. Article 217 applies the Supreme Court judge's removal procedure to High Court judges.
- 2. He may still practise in the Supreme Court and in other High Courts.
How you could have got this
- If you were sure statement 1 is correct, (b) and (d) go: each of them leaves 1 out.
What you needed to know: Article 217 applies the Supreme Court judge's removal procedure to High Court judges.
- Then, if you were sure statement 2 is not correct, (c) goes: it includes 2.
What you needed to know: He may still practise in the Supreme Court and in other High Courts.
Only (a) is left. This one needs every statement.
This follows an unofficial answer: UPSC has not published its key for this year, and if that answer is wrong, so is this path.
Which options go is worked out from UPSC’s key and the options, not by a model.
Why each option is right or wrong
- (a) Correct: only statement 1 holds.
- (b) Statement 2 is wrong; retired judges may plead in the Supreme Court and other High Courts.
- (c) Statement 2 is wrong, so both cannot hold.
- (d) Statement 1 is true, so this is wrong.
Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2007, General Studies. UPSC's own paper isn't online; the words are from a published compilation. The paper on upsc.gov.in.