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The High Courts and Supreme Court stand on equal footing in respect of
Question

The High Courts and Supreme Court stand on equal footing in respect of

A.

eligibility of a person for appointment as a judge

B.

age of retirement of a judge

C.

procedure for removal of a judge

D.

hearing appeals

Correct option is C

The correct answer is (c) procedure for removal of a judge.

Explanation

While the Supreme Court and High Courts have different jurisdictions and administrative roles, the Constitution of India ensures that the independence of the judiciary is protected by making the process of removing a judge identical for both.

  • Constitutional Provisions: * Article 124(4) prescribes the procedure for the removal of a Supreme Court judge.
    • Article 217(1)(b) states that a High Court judge shall be removed by the President in the manner provided in Article 124(4) for the removal of a Supreme Court judge.
  • The Procedure: For both, a judge can only be removed on the grounds of "proved misbehaviour" or "incapacity." The process requires:

    1. A motion passed by each House of Parliament in the same session.
    2. A Special Majority (a majority of the total membership of the House AND a majority of not less than two-thirds of the members present and voting).
    3. The final order is issued by the President.

  • The Judges (Inquiry) Act, 1968: This statutory Act regulates the investigation process for both SC and HC judges, involving a three-member committee (a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist).

Why the other options are incorrect:

  • (a) Eligibility: The requirements differ. For example, to be an SC judge, one must have been a judge of a High Court for 5 years or an advocate for 10 years, or be a distinguished jurist (a category that does not exist for High Court appointments).
  • (b) Age of Retirement: A Supreme Court judge retires at 65 years, while a High Court judge retires at 62 years.
  • (d) Hearing Appeals: The Supreme Court is the highest court of appeal in the country and hears appeals from High Courts. High Courts primarily hear appeals from subordinate district courts. Their appellate powers and scopes are not equal.

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