Question

Which of the following statements is/are correct?

1. If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Union Cabinet.

2. The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer 1

Correct Answer - Option 2 : 2 only

The correct answer is 2 only.

• Article 217: A person shall not be qualified for appointment as a Judge of a High Court unless
  • he is a citizen of India and
    • has for at least ten years held a judicial office in the territory of India; or
    • has for at least ten years been an advocate of a High Court or of two or more such Courts in succession.
  • If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final. Hence, Statement 1 is incorrect.
• Article 222: Transfer of a Judge from one High Court to another
  • The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court. Hence, Statement 2 is correct.
  • When a Judge has been or is so transferred, he shall, during the period he serves, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.
  • This provision is subjected to judicial review to determine its transparency.