Q. Consider the following statements with respect to appointment of judges in High Courts:
1. Additional judge can be appointed for a term not exceeding two years.
2. Governor can appoint a duly qualified person as an acting judge of high court.
3. A retired judge of high court can be appointed by Governor only with the consent of the President.
How many statements given above are correct?
Exp) Option a is the correct answer
Statement 1 is correct. The President can appoint duly qualified persons as additional judges of a high court for a temporary period not exceeding two years when there is a temporary increase in the business of the high court; or there are arrears of work in the high court.
Statement 2 is incorrect. The President (and not Governor) can appoint a duly qualified person as an acting judge of a high court when a judge of that high court (other than the chief justice) is unable to perform the duties of his office due to absence or any other reason; or appointed to act temporarily as chief justice of that high court.
Statement 3 is incorrect. At any time, the chief justice of a high court of a state can request a retired judge of that high court or any other high court to act as a judge of the high court of that state for a temporary period. He can do so only with the previous consent of the President and also of the person to be so appointed.
| Important Tips An acting judge holds office until the permanent judge resumes his office. However, both the additional or acting judge cannot hold office after attaining the age of 62 years. |
