Correct Answer – Option 2 : 1 and 3 only

The correct answer is 1 and 3 only.

• The independence of a high court is very essential for the effective discharge of the duties assigned to it.
• The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of a high court.
• Mode of Appointment
  • The judges of a high court are appointed by the president (which means the cabinet) in consultation with the members of the judiciary itself (i.e., chief justice of India and the chief justice of the high court). This provision curtails the absolute discretion of the executive as well as ensures that the judicial appointments are not based on any political or practical considerations.
• Security of Tenure
  • The judges of a high court are provided with the security of tenure.
  • They can be removed from office by the president only in the manner and on the grounds mentioned in the Constitution. Hence statement 1 is correct.
  • This means that they do not hold their office during the pleasure of the president, though they are appointed by him.
• Ban on Practice after Retirement 
  • The retired permanent judges of a high court are prohibited from pleading or acting in any court or before any authority in India except the Supreme Court and the other high courts. Hence statement 2 is NOT correct.
  • This ensures that they do not favour any one in the hope of future favour.
• Its Jurisdiction cannot be Curtailed 
  • The jurisdiction and powers of a high court in so far as they are specified in the Constitution cannot be curtailed both by the Parliament and the state legislature. Hence statement 3 is correct.
  • But, in other respects, the jurisdiction and powers of a high court can be changed both by the parliament and the state legislature.

• Fixed Service Conditions
  • The salaries, allowances, privileges, leave and pension of the judges of a high court are determined from time to time by the Parliament. But, they cannot be changed to their disadvantage after their appointment except during a financial emergency.
  • Thus, the conditions of service of the judges of a high court remain the same during their term of office.
• Expenses Charged on Consolidated Fund
  • The salaries and allowances of the judges, the salaries, allowances and pensions of the staff as well as the administrative expenses of a high court are charged on the consolidated fund of the state.
  • Thus, they are non-votable by the state legislature (though they can be discussed by it). It should be noted here that the pension of a high court judge is charged on the Consolidated Fund of India and not the state.
• Conduct of Judges cannot be Discussed
  • The Constitution prohibits any discussion in Parliament or in a state legislature with respect to the conduct of the judges of a high court in the discharge of their duties, except when an impeachment motion is under consideration of the Parliament.
• Power to Punish for its Contempt
  • A high court can punish any person for its contempt. Thus, its actions and decisions cannot be criticised and opposed by anybody. This power is vested in a high court to maintain its authority, dignity and honour.
• Freedom to Appoint its Staff
  • The chief justice of a high court can appoint officers and servants of the high court without any interference from the executive. He can also prescribe their conditions of service.
• Separation from Executive
  • The Constitution directs the state to take steps to separate the judiciary from the executive in public services.
  • This means that the executive authorities should not possess the judicial powers.