Question

The judge of a high court in state is appointed by the president in consultation with:
1. The chief justice of India
2. The governor of the state only
3. The chief justice of India and the governor of the state
4. The chief justice of India and the governor and the former chief justice of the high court

Answer 1

Correct Answer - Option 3 : The chief justice of India and the governor of the state

The correct answer is The chief justice of India and the governor of the state.

• The judges of a high court are appointed by the President.
  • For the appointment of High Court judges, the chief justice of the concerned high court is also consulted.
  • He should have been an advocate of a high court for ten years. 
  • The judges of a high court hold the office until he attains the age of 62 years. 
  • A judge of a high court can be removed in the same manner and on the same grounds as a judge of the Supreme Court.

Article 217 in The Constitution Of India 1949

• Appointment and conditions of the office of a Judge of a High Court
• (1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State.​

• The removal procedure of a High Court judge are as follows:
  • A judge of a high court can be removed from his office by an order of the President.
  • The President can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal.
  • The address must be supported by a special majority of each House of Parliament (i.e., a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting).
  • The grounds of removal are two–proved misbehaviour or incapacity.
  • Thus, a judge of a high court can be removed in the same manner and on the same grounds as a judge of the Supreme Court. Hence, Option 3 is correct.