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Consider the following statements:

  1. A person who has held office as a permanent Judge of a High Court cannot plead or act in any court or before any authority in India except the Supreme Court.
  2. A person is not qualified for appointment as a Judge of a High Court unless he has for at least five years held a judicial office in India.
Which of the statements given above is/are correct?
  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Explanation

Statement 1 is incorrect
  • Article 220 of the Indian Constitution restricts retired permanent High Court judges from practicing law in any court or authority in India, excluding the Supreme Court and other High Courts. This provision aims to maintain judicial integrity and prevent conflicts of interest. It applies only to permanent judges, not additional or acting judges.
Statement 2 is incorrect
  • According to Article 217(2) of the Indian Constitution, a person is qualified for appointment as a High Court judge if they are a citizen of India and have at least 10 years of experience as a judicial officer or an advocate in a High Court.
Answer: (c) Neither 1 nor 2
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