Question

Who appoints the judges of the High Court?
a.Supreme Court
b.Prime Minister
c.Chief Minister
d.President

Answer 1

Hint: The High Court is the highest Court of the State and all other tribunals and Courts working in a State are subject to the authority of the High Court.

Complete Step by Step Answer: The Constitution of India provides for a High Court in each State. However, Parliament by law can provide a common High Court for two or more States. Each High Court comprises a Chief Justice and other Judges as the President may appoint from time to time, deem it necessary to appoint. It means that the number of Judges in the State High Courts is neither uniform nor fixed. The total strength of the State High Courts has been left to the will of the President.
All the Judges of a High Court, including the Chief Justice, are appointed by the President of India. While appointing the Chief Justice and other judges of a High Court, the President is required to consult the Chief Justice of India and the Governor of the State.
Now let us examine the options:
Option A – The Supreme Court is not assigned with the power to appoint judges of the High Court. Such a provision is not backed by the Constitution.
Option B – The Prime Minister also cannot appoint the judges of the High Court and such a provision is not backed by the Constitution.
Option C – Chief Minister of a state has no such provisions to appoint the judges of the High Court and has no say in it.
Option D – President of India can only appoint the judges of the High Court on the recommendations of the Chief Justice of India and Governor of the State.
Thus, the correct answer is option (D).

Note: To answer this question one must study the provision with regard to the appointment of Judges in both the Courts – Supreme Court and High Court. The Chief Justice of India is appointed by the President in consultation with such judges of the Supreme Court and High Courts as he may deem fit. In the appointment of other judges of the Supreme Court, the Chief Justice of India must be consulted by the President.