According to Article 217 (1)of the Constitution, a Judge other than the Chief Justice of Rajasthan High Court is appointed by the President after consultation with —
Correct Answer: B. a Judge may be removed from his office by the President in the manner provided in clause (4) of Article 124 for the removal of a Judge of the Supreme Court; [Note: Article 124(4) - A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.]
Explanation: Article 217 - Appointment and conditions of office of Judges of High Courts: (1) - Subject to the provisions of this Article, the Chief Justice of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of the Supreme Court and the Governor of the State concerned. - Other Judges of a High Court shall be appointed by the President after consultation with the Chief Justice of the Supreme Court, the Chief Justice of the High Court and the Governor of the State concerned. - The tenure of office of a High Court Judge is fixed until he attains the age of 62 years. Note: The 15th Constitutional Amendment, 1963, increased the retirement age of High Court Judges from 60 to 62 years. The Constitution Review Commission had also recommended increasing the retirement age of judges from 62 to 65 years. Provided that— (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office by the President in the manner provided in clause (4) of Article 124 for the removal of a Judge of the Supreme Court; [Note: Article 124(4) - A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.] (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India. (2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and— (a) has for at least ten years held a judicial office in the territory of India; or (b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession; (3) - If any question arises as to the age of a Judge of a High Court, the question shall be decided PYQ’s Solution English 5 by the President after consultation with the Chief Justice of India, and the decision of the President shall be final.
