Q. Consider the following statements:
1. According to the Constitution the number of judges in each High Court is determined only after consultation with the Governor of the concerned state.
2. It is binding for President to consult the Chief Justice of the Supreme Court for appointments of the judges of the High Court.
Which of the statements given above is/are incorrect?
Exp) Option a is the correct answer.
The High Courts are part of the Indian judiciary, and function under the supervision, guidance and control of the Supreme Court in which President of India plays a vital role.
Statement 1 is incorrect. The Constitution doesn’t specify the strength of High Court. Every High Court has a Chief Justice and number of judges. The number of judges varies from State to State. There is no mention of consultation with Governor rather the number of judges of each High Court is determined by the President from time to time depending on workload.
Statement 2 is correct. The judges of the High Courts are appointed by the President of India. While appointing Chief Justice of a High Court, the President must consult the Chief Justice of the Supreme Court and the Governor of the State concerned. While appointing other judges, the President consults the Chief Justice of the Supreme Court, the Chief Justice of the High Court and Governor of the State concerned. The consultation with the Chief Justice of the Supreme Court in respect of appointments and transfers of the judges of the High Court is also obligatory and binding for the President.
