Consider the following statements Assertion A Unlike the Supreme Court the Constitution makes no pro...........

Indian Polity Others

Consider the following statements.

Assertion (A): Unlike the Supreme Court, the Constitution makes no provision for appointment of an eminent jurist as a judge of high court.

Reason (R): The High Courts do not have exercise advisory jurisdiction.

In the context of the above, which of these is correct?

A is correct, and R is an appropriate explanation of A.

A is correct, but R is not an appropriate explanation of A.

A is correct, but R is incorrect.

Both A and R are incorrect.

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Explanation:

The eligibility for being appointed to the Supreme Court of India has been laid down under Article 124 (3) of the Constitution of India. It mandates that a person shall not be qualified for appointment as a Judge of the Supreme Court unless, inter alia, he is a distinguished jurist, in the opinion of the President. This provision is not present for the High Court. However, it is noteworthy that no jurist has been appointed as a SC judge since independence. As per H.V. Kamath, a member of the constituent assembly, this provision intended to open a wider field of choice for the President in the matter of appointment of judges of the Supreme Court.

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