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With reference to High Courts, consider the following statements:

1. The judges of a high court are appointed by the Governor of the state.

2. A person appointed as a judge of a high court, before entering upon his office, has to make and subscribe an oath or affirmation before the governor of the state or some person appointed by him for this purpose.

3. The Constitution has not fixed the tenure of a judge of a high court.

Which of the statements given above is/are correct?


1.  2 only
2. 2 and 3 only
3. 1 and 3 only
4. 1, 2 and 3

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Correct Answer - Option 2 : 2 and 3 only

The correct answer is 2 and 3 only.

  • Appointment of Judges
    • The judges of a high court are appointed by the President. Hence, statement 1 is NOT correct.
    • The chief justice is appointed by the President after consultation with the chief justice of India and the governor of the state concerned.
    • For the appointment of other judges, the chief justice of the concerned high court is also consulted.
    • In case of a common high court for two or more states, the governors of all the states concerned are consulted by the president.
  • In the Second Judges case (1993), the Supreme Court ruled that no appointment of a judge of the high court can be made unless it is in conformity with the opinion of the chief justice of India.
  • In the Third Judges case (1998), the Supreme Court opined that in case of the appointment of high court judges, the chief justice of India should consult a collegium of two senior-most judges of the Supreme Court.
  • Thus, the sole opinion of the chief justice of India alone does not constitute the ‘consultation’ process.
  • Oath or Affirmation
    • A person appointed as a judge of a high court, before entering upon his office, has to make and subscribe an oath or affirmation before the governor of the state or some person appointed by him for this purpose. Hence, statement 2 is correct.
    • In his oath, a judge of a high court swears:
    1. to bear true faith and allegiance to the Constitution of India;
    2. to uphold the sovereignty and integrity of India;
    3. to duly and faithfully and to the best of his ability, knowledge and judgement perform the duties of the office without fear or favour, affection or ill-will; and
    4. to uphold the Constitution and the laws.
  • Tenure of Judges
    • ​The Constitution has not fixed the tenure of a judge of a high court. Hence, statement 3 is correct.
    • However, it makes the following four provisions in this regard:
      • He holds office until he attains the age of 62 years. Any questions regarding his age are to be decided by the president after consultation with the chief justice of India and the decision of the president is final.
      • He can resign his office by writing to the president.
      • He can be removed from his office by the President on the recommendation of the Parliament.
      • He vacates his office when he is appointed as a judge of the Supreme Court or when he is transferred to another high court.

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