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KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT)     13 December 2019

Qualification for appointment as a judge of high court

(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and-- (a) has for at least ten years held a judicial office in the territory of India; or (b) has for at least ten years been an advocate of a High Court 3 [*'**] or of two or more suchcourts in succession; 4 [***] Explanation: For the purposes of this clause-- 5 [(a) 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;] 6 [(aa) in computing the period during which a person has been an advocate of a High Court, thereshall be included any period during which the person 7 [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;] (b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of 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. While so, I started my practice in 2001 in High Court till 2009.Then I joined in central governent owned Bank as law officer. Whether I am qualified for appointment as a Judge of High Court as per the 2nd explanation mentioned above. Please clarify from legal angle as golden rule of interpretation 👍🍬💐


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 3 Replies

Shashi Dhara   15 December 2019

You make clarifications about 2(a)that is their any difference between judicial office and law officer.if it becomes clear then your doubt will become clear.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 December 2019

INTROSPECT ON THIS:
1. An Advocate (as a professional) will not be able to hold  "ANY" employment (as a Law Officer) and shall be deemed to have relinquished his "Certificate of Practice" of his advocacy.  AFTER quitting from the employment (as a employee) for the purposes of reverting back to Advocacy, the Law Graduate would have to once again obtain "Certificate of Practice" for continuing as Advocate.

2. The above would not consitute "continuing" professionalism as a "advocate", for minimum Ten years, for qualifying for exams or appointment leading to a HC Judge. While in employment as a "Law Officer" (with a Govt. Bank), the same CANNOT be consituted as "judicial office /work" (aka office of profit).

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Advocate)     25 December 2019

I agree and appreciate expert advise of Mr. Hemant Agarwal, you do not qualify for appointment of HC judge since you were in service of Bank, which is not counted for "practice" as an advocate.

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