Question

Consider the following statements about removal of High Court Judge:

1. The details of process of impeachment of high court judge is given in constitution

2. The grounds for removal of a judge of the High court can be proved misbehaviour, incapacity or violation of constitution.

Which of the statements given above is/are correct?

A 1 only Correct Answer Incorrect Answer
B 2 only Correct Answer Incorrect Answer
C Both 1 and 2 Correct Answer Incorrect Answer
D Neither 1 or 2 Correct Answer Incorrect Answer

Solution

• Statement 1 is incorrect: The Constitution does not contain detailed provision to remove judges of the High Court. It is followed as per the provision of Judicial Inquiry Act, 1968. • Statement 2 is incorrect: The Constitution provides for grounds to remove judges of the High court which are proved misbehaviour or incapacity. Violation of the Constitution is not grounds for removal of a judge of higher Judiciary.

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