High Courts — Set 2

Correct Answer: A. A Judge of the Supreme Court

• **Same as Supreme Court judge** = the process for removing a High Court judge is identical to that for a SC judge. • **Grounds** — proved misbehaviour or incapacity; requires a presidential order after a parliamentary address passed by special majority. • 💡 Option B (Attorney General) is a law officer removed differently and is not a judge. Option C (Governor) is removed by the President's pleasure, a simpler process. Option D (Speaker of Lok Sabha) is elected by the House and removed by Lok Sabha resolution — a totally different process.

Correct Answer: B. Consolidated Fund of the State

• **Consolidated Fund of the State** = the fund from which HC judges' salaries and allowances are charged. • **Not votable** — these expenses are charged (not voted), so the state legislature cannot withhold them. • 💡 Option A (Contingency Fund of India) is used for unforeseen emergencies, not judicial salaries. Option C (Consolidated Fund of India) pays the pension of retired HC judges, not the salary. Option D (Public Account of India) holds money not belonging to the government and is irrelevant here.

Correct Answer: C. Consolidated Fund of India

• **Consolidated Fund of India** = the central fund that bears the pension of retired High Court judges. • **Salary vs pension distinction** — salary is borne by the state (Consolidated Fund of State); pension is borne by the Centre. • 💡 Option A (Contingency Fund of India) is an emergency reserve fund, not for judicial pensions. Option B (Consolidated Fund of the State) pays the salary and allowances, not the pension. Option D (State Public Account) is not involved in HC judge pension payments at all.

Correct Answer: A. The President

• **President** = the authority empowered to transfer a HC judge from one High Court to another under Article 222. • **CJI consultation required** — the President must consult the Chief Justice of India before effecting any such transfer. • 💡 Option B (Prime Minister) has no direct constitutional power to transfer judges. Option C (Chief Justice of India) recommends via Collegium but the formal order comes from the President. Option D (Parliament) legislates but cannot order individual judicial transfers.

Correct Answer: A. The President

• **President** = the authority who appoints an Acting Chief Justice for a High Court under Article 223. • **Trigger conditions** — appointment happens when the post of Chief Justice is vacant or the CJ is temporarily absent/unable to perform duties. • 💡 Option B (Governor) administers the oath but cannot appoint an Acting CJ. Option C (Chief Minister) has no constitutional role in HC appointments. Option D (Chief Justice of India) recommends through the Collegium but does not issue the formal appointment order.

Correct Answer: B. 2 years

• **2 years** = the maximum temporary period for which the President can appoint additional HC judges under Article 224. • **Reasons for appointment** — temporary increase in court business or arrears of pending cases justify additional judges. • 💡 Option A (3 years) exceeds the constitutional maximum of 2 years. Option C (1 year) is within the limit but not the maximum. Option D (5 years) is far beyond the 2-year constitutional ceiling for additional judges.

Correct Answer: A. Article 215

• **Article 215** = designates every High Court as a 'Court of Record' whose proceedings have evidentiary value. • **Court of Record powers** — judgments are recorded for perpetual memory; HC can punish for contempt of itself. • 💡 Option B (Article 214) mandates a HC for each state but does not confer Court of Record status. Option C (Article 217) deals with appointment of HC judges. Option D (Article 226) gives the HC its writ jurisdiction.

Correct Answer: D. Article 226

• **Article 226** = empowers the High Court to issue writs including habeas corpus, mandamus, prohibition, certiorari, and quo warranto. • **Wider scope** — unlike Article 32 (SC), Article 226 writs can be issued not only for Fundamental Rights but for 'any other purpose' (legal rights). • 💡 Option A (Article 32) is the SC's writ power for Fundamental Rights only — narrower than Article 226. Option B (Article 227) gives the HC superintendence over subordinate courts, not the writ power. Option C (Article 233) deals with appointment of district judges, not writs.

Correct Answer: C. Article 227

• **Article 227** = grants every HC the power of superintendence over all courts and tribunals within its territorial jurisdiction. • **Dual nature** — this power is both administrative (returns, inspections) and judicial (reviewing proceedings). • 💡 Option A (Article 226) gives writ jurisdiction but not superintendence over courts. Option B (Article 228) deals with transfer of cases involving constitutional questions to the HC. Option D (Article 225) preserves existing jurisdiction of High Courts — not superintendence.

Correct Answer: D. Article 235

• **Article 235** = vests control over district and subordinate courts in the High Court. • **Scope of control** — includes posting, promotion, grant of leave, and disciplinary matters for members of the state judicial service. • 💡 Option A (Article 236) gives definitions for 'district judge' and 'judicial service' in Part VI — not the control provision. Option B (Article 234) deals with recruitment of persons other than district judges. Option C (Article 233) deals with the appointment of district judges.