Q1. Who appoints the Acting Chief Justice of a High Court?
- Chief Justice of India
- Governor of the state
- President of India
- Prime Minister of India
Correct Option: 3. President of India.
Explanation: The President can appoint a judge of a High Court as Acting Chief Justice when the Chief Justice’s post is vacant, or the Chief Justice is absent or unable to perform duties.
Q2. For how long can an Additional Judge of a High Court be appointed?
- Up to 1 year
- Up to 2 years
- Up to 3 years
- No fixed term
Correct Option: 2. Up to 2 years.
Explanation: An Additional Judge can be appointed for a temporary period not exceeding two years to manage a temporary increase in workload or backlog.
Q3. What is the maximum age limit for holding office as an Additional or Acting Judge of a High Court?
- 62 years
- 65 years
- 66 years
- 60 years
Correct Option: 1. 62 years.
Explanation: Both Additional and Acting Judges cannot hold office after attaining the age of 62 years, as per the constitutional provisions.
Q4. A retired judge can be requested to act as a High Court judge only with the consent of:
- State Legislature
- Union Public Service Commission
- Chief Justice of India
- President and the concerned judge
Correct Option: 4. President and the concerned judge.
Explanation: A retired judge can act temporarily as a High Court judge only with the President’s prior consent and the consent of the judge himself.
Q5. Which of the following is NOT a safeguard for the independence of High Courts?
- Security of tenure
- Power of judicial review
- Fixed service conditions
- Ban on post-retirement practice in lower courts
Correct Option: 2. Power of judicial review.
Explanation: While High Courts do possess the power of judicial review, it is not a specific safeguard for the independence of High court.
Safeguards for the Independence of High Courts
(1) Mode of Appointment
Judges are appointed by the President in consultation with the Chief Justice of India and the Chief Justice of the High Court, reducing political influence.
(2) Security of Tenure
Judges cannot be removed arbitrarily; they can only be removed by the President through a rigorous impeachment process.
(3) Fixed Service Conditions
Salaries, allowances, leave, and pensions are determined by Parliament and cannot be reduced after appointment, except during a financial emergency.
(4) Expenses Charged on the Consolidated Fund
Judicial salaries and administrative expenses are charged on the Consolidated Fund of the State, making them non-votable by the legislature.
(5) Pensions are charged on the Consolidated Fund of India.
Conduct of Judges Cannot Be Discussed in the Legislature
No discussion is allowed in Parliament or state legislatures about judges’ conduct except during impeachment proceedings.
(6) Ban on Practice After Retirement
Retired permanent judges cannot plead or act in any court or before any authority in India except the Supreme Court and other High Courts.
(7) Power to Punish for Contempt
High Courts can punish for contempt to maintain their dignity and authority.
(8) Freedom to Appoint Staff
The Chief Justice can appoint officers and servants of the High Court without interference from the executive.
(9) Jurisdiction Cannot Be Curtailed by Legislature
The jurisdiction and powers specified in the Constitution cannot be reduced by either the Parliament or State Legislature.
(10) Separation of Judiciary from Executive
The Constitution directs the state to separate the judiciary from the executive in public services, ensuring independent functioning.