UPSC Prelims 2007 Q43: Indian Polity – Judiciary
Consider the following statements:
1. The mode of removal of a Judge of a High Court in India is the same as that of removal of a
Judge of the Supreme Court.
2. After retirement from office, a permanent Judge of a High Court cannot plead or act in any
court or before any authority in 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: (a) 1 only
Explanation
Removal and post-retirement restrictions on judges
| Statement | Fact check |
|---|---|
| 1. Removal of a High Court Judge follows the same mode as a Supreme Court Judge | True — Article 217 applies the same impeachment procedure (Article 124) to High Court judges |
| 2. A retired permanent High Court Judge cannot plead or act before ANY court/authority in India | False — Article 220 bars such practice except before the Supreme Court and other High Courts; the statement omits this exception |
Only statement 1 is correct.
Answer: (a) 1 only.
Why each option is right or wrong
- (a) CORRECT. Statement 1 (same removal procedure) is true; statement 2 wrongly omits the Supreme Court/other High Courts exception.
- (b) Incorrect. Statement 1 is actually the true one, not statement 2.
- (c) Incorrect. Statement 2's omitted exception makes it false, so both cannot be correct.
- (d) Incorrect. Statement 1 is true, so it isn't "neither".
Key point
High Court and Supreme Court judges share the same removal procedure (Art 124/217); Article 220 bars a retired HC judge from practice in India EXCEPT before the Supreme Court and other High Courts — the given statement 2 wrongly omits this exception.
Remember
SC and HC judges share the same removal procedure; Article 220's post-retirement bar excludes the Supreme Court and other High Courts.
Common mistakes
- Missing the Supreme Court/other High Courts exception in Article 220, taking an absolute-sounding statement at face value.
- Not knowing that the Constitution applies the same impeachment mechanism (Article 124) to both SC and HC judges via Article 217.
- Confusing post-retirement restrictions on HC judges with any restrictions (or lack thereof) on retired SC judges.
Exam tip
Article 220's bar on a retired HC judge's practice has a built-in exception (SC and other HCs) — absolute 'cannot act in ANY court' statements are a classic UPSC trap.
Sources
- Constitution of India — Articles 124, 217, 220
- M. Laxmikanth — Indian Polity (Supreme Court; High Court)
- NCERT Class XI Political Science — Indian Constitution at Work — Judiciary