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High Courts
2 questions
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Q.1
WBCS Prelims 2021
The Chief Justice of High Court is appointed by the
A. Prime Minister
B. President
C. Chief Justice of the Supreme Court
D. Cabinet
Explanation
Why Correct: Article 217(1) of the Constitution states that the President appoints every High Court judge, including the Chief Justice, after consulting the Chief Justice of India and the Governor of the state.
Distractor Analysis: Prime Minister advises the President but does not directly appoint. Chief Justice of the Supreme Court (CJI) is consulted in the appointment process but does not make the appointment. Cabinet provides collective advice to the President but the constitutional authority rests with the President.
Takeaway: While the President appoints High Court judges, the Supreme Court collegium (headed by CJI) makes recommendations, and the President typically acts on this advice.
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Q.2
WBPSC Miscellaneous Prelims 2008
The Chief Justice of High Court is appointed by:
A. The Governor of the State
B. The President of India
C. The Chief Ministers of the States
D. The Chief Justice of Supreme Court
Explanation
Why Correct: Under Article 217 of the Constitution, the Chief Justice of a High Court is appointed by the President of India by warrant under his hand and seal. The President consults the Chief Justice of India and the Governor of the state concerned.
Distractor Analysis: The Governor administers the oath of office but does not appoint. The Chief Ministers are not involved in the formal appointment process. The Chief Justice of India is consulted but does not have appointing power.
Takeaway: All High Court judges, including the Chief Justice, are appointed by the President. The appointment is made in consultation with the CJI and the Governor of the state.
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