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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:
Answer & Solution
Correct Answer:
Option
A
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.
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.
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