UPSC Prelims 2006 Q55: Indian Polity – Judiciary
Consider the following statements:
1. A person who has held office as a permanent Judge of a High Court cannot plead or act in any
court or before any authority in India except the Supreme Court.
2. A person is not qualified for appointment as a Judge of a High Court in India unless he has for
at least five years held a judicial office in the territory of India.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (d) Neither 1 nor 2
Explanation
Rules for High Court Judges
| Statement | Verdict | Reason |
|---|---|---|
| 1. A former permanent High Court Judge cannot plead or act in any court or authority in India except the Supreme Court | False | Article 220 bars practice in courts below the Supreme Court and High Courts, so the exceptions are the Supreme Court and the other High Courts |
| 2. A person needs at least five years' judicial office to be a High Court Judge | False | Article 217(2) requires ten years in a judicial office (or ten years as a High Court advocate) |
Both statements are incorrect.
Answer: (d) Neither 1 nor 2.
Why each option is right or wrong
- (a) Incorrect. Statement 1 omits the other High Courts and is therefore not accepted as correct.
- (b) Incorrect. Statement 2 gives five years, but Article 217(2) requires ten years.
- (c) Incorrect. Both statements contain errors, so they cannot both be correct.
- (d) CORRECT. Statement 1 omits the other High Courts (Article 220) and statement 2 understates the ten-year requirement (Article 217).
Key point
Article 220 lets a retired High Court Judge practise before the Supreme Court and other High Courts, and Article 217 requires ten years of judicial office, so both statements are false.
Remember
HC Judge qualification is ten years, not five; Article 220 exempts the SC and other High Courts.
Common mistakes
- Missing that other High Courts are also exempt under Article 220.
- Remembering five years instead of the ten years needed for appointment.
- Confusing Article 217 with the qualifications for Supreme Court Judges.
Exam tip
Article 217(2): ten years of judicial office or ten years as an advocate; Article 220: practice barred except SC and other High Courts.
Sources
- Constitution of India — Articles 217(2) and 220
- M. Laxmikanth — Indian Polity (High Court)