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ICSE Class 10 Answered

Explain any four conditions of service of High Court Judges.
Asked by Topperlearning User | 19 Apr, 2016, 07:35: AM
answered-by-expert Expert Answer

The four conditions of service of the High Court Judges are as follows:

Term of Office and Removal: High Court Judges hold office till the age of 62 years. They can be removed by the President on the ground of ‘proved misbehaviour or incapacity’ on an address (request) of each House of Parliament. Such an address has to be supported by a majority of the total membership of the House and by two-thirds of the members present and voting. After this, an address has to be presented to the President in this regard. Thus the code of removal of a High Court Judge is exactly the same as that of a Supreme Court Judge. It is a difficult procedure and ensures relative independence of the High Court. A Judge may, by writing to the President of India, resign from his office.

Oath of Office - A High Court Judge has to take an Oath of Office administered by the Governor of the state or a person appointed by him. The Oath requires the Judge to bear true faith and allegiance to the Constitution of India, to perform duties of his office without fear or favour, affection or ill will and to uphold the Constitution and the laws.

Restriction on Practice - A retired High Court Judge can practice law only in the Supreme Court or in those High Courts where he has not worked as a Judge. He cannot practice in other courts and Tribunals.

Salaries and Allowances of Judges - The Chief Justice and other Judges of the High Court are paid such salaries as the Parliament may decide from time to time. The Judges are also entitled to rent free residence and other allowances and pension after retirement. The salaries and allowances of High Court Judges are charged on the Consolidated Fund of the State. Consequently, they are not put to Vote in the state legislature and they cannot be varied to the disadvantage of a Judge after his appointment. All these provisions in unison are meant to ensure independence and impartiality of the Judiciary.

Answered by | 19 Apr, 2016, 09:35: AM
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