In case any question arises as to age of a Judge of a High Court, decision of which of the following authority shall be final as per the Constitution of India:
A. President of India
B. Chief Justice of India
C. Chief Justice of High Court
D. Collegium of Supreme Court
E. None of the above
Answer: Option A
Solution (By Examveda Team)
According to the Constitution of India, the tenure and retirement age of High Court judges are clearly defined. If any dispute arises regarding the age of a High Court judge, the authority to make a final decision lies with the Chief Justice of India (CJI). This provision ensures that judicial independence is maintained and prevents unnecessary executive interference.Explanation:
As per Article 217(3) of the Constitution of India, if any question arises about the age of a High Court Judge, the decision of the Chief Justice of India (CJI) shall be final. This provision is important to:
1. Maintain judicial autonomy: The judiciary should remain free from political and executive influence, and the CJI, being the head of the judiciary, is entrusted with this responsibility.
2. Prevent disputes affecting judicial appointments: Ensuring clarity in a judge's tenure prevents unnecessary legal challenges or uncertainties.
3. Avoid potential bias: If the executive were to decide on a judge's age, it could lead to conflicts of interest or political misuse. By entrusting this power to the CJI, the Constitution ensures fairness.
Why not other options?
Option A: President of India – Incorrect, because while the President appoints High Court judges, disputes regarding their age are specifically decided by the CJI as per Article 217(3).
Option C: Chief Justice of High Court – Incorrect, as the Chief Justice of a High Court does not have constitutional authority to make a final decision on a judge's age. The decision rests solely with the CJI.
Option D: Collegium of Supreme Court – Incorrect, as the Collegium is responsible for recommending judicial appointments but does not decide disputes regarding the age of judges.
Option E: None of the above – Incorrect, because Article 217(3) explicitly states that the CJI's decision is final.
Thus, the correct answer is Option B: Chief Justice of India.
This Question Belongs to Law >> Constitution Of India
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The correct option is A as it is specifically mentioned in Article 217(3) of Constitution that the decision of the President will be final with the advice of Chief Justice of India
In explanation, option B is right answer but when we select option B, it shows option A is the correct answer. Please rectify your answer or explanation.
Right answer is chosen but explanation is wrong and ans given in Explanation is wrong because final decision is of president not cji , president only consults with cji.
Clause 3 of Article 217 of Constitution of India : If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.