Q. The Judges of High Court are administered oath of office by
A. The Chief Justice of High Court
B. The President of India
C. Governor of the State
A. The Chief Justice of High Court
B. The President of India
C. Governor of the State
D. The Chief Justice of India
Answer: Governor of the State
Article 219 {Oath or affirmation by Judges of High Courts}
Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him an oath or affirmation according to the form set out for the purpose in the Third Schedule.
Article 216 {Constitution of High Courts}
Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
Article 217 {Appointment and conditions of the office of a Judge of a High Court}
- Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years: Provided that –
- a Judge may, by writing under his hand addressed to the President, resign his office;
- a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;
- the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.
- a person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and –
- has for at least ten years held a judicial office in the territory of India; or
- has for at least ten years been an advocate of a High Court or of two or more such Courts in succession;
[Explanation: For the purposes of this clause -- in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;
(aa) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law after he became an advocate; - in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be.]
- in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;
- 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.
Oaths of Office and Submission of Resignations List
Office
|
Oaths and Resignations
|
The President
|
Oath - Chief Justice of India or in his absence the seniormost Judge of Supreme Court.
Resignation submitted to - Vice-President |
Vice-President
|
Oath - President or some person appointed in that behalf by the President.
Resignation submitted to - President |
Prime Minister
|
Oath - President
Resignation submitted to - President |
Lok Sabha Speaker
|
Oath - President
Resignation submitted to - Deputy Speaker of Lok Sabha |
Deputy Speaker of Lok Sabha
|
Oath - President
Resignation submitted to - Lok Sabha Speaker |
Chief Election Commissioner
|
Oath - President
Resignation submitted to - President |
Attorney General
|
Oath - President
Resignation submitted to - President |
Comptroller and Auditor General
|
Oath - President or some person appointed in that behalf by the President.
Resignation submitted to - President |
Solicitor-General
|
Oath - President
Resignation submitted to - President |
Chairman, Public Service Commission
|
Oath - President
Resignation submitted to - President |
Chairman, Planning Commission
|
Oath - President
Resignation submitted to - President |
Members, Planning Commission
|
Oath - Prime Minister
Resignation submitted to - Prime Minister |
Governor, RBI
|
Oath - President
Resignation submitted to - President |
Chief Minister
|
Oath - Governor
Resignation submitted to - Governor |
Chief Justice of High Court
|
Oath - Governor
Resignation submitted to - President |
Other Judges of High Court
|
Oath - Governor
Resignation submitted to - President |
Advocate General
|
Oath - Governor
Resignation submitted to - Governor |
Accountant General
|
Oath - Governor
Resignation submitted to - Governor |
Chairman, State Public Service Commission
|
Oath - Governor
Resignation submitted to - Governor |
Members, State Public Service Commission
|
Oath - Governor
Resignation submitted to - Governor |
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