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Question

Sahil was born in Tanzania to parents who are both Tanzanian citizens. He studied law in India between 2002 and 2007 and later made a mark for himself as a lawyer in the trial courts. He also acquired Indian citizenship while studying law in India, and has now been nominated as a judge of the state high court. Which of the following, if true, would weaken Sahil’s right to be appointed as a judge of the high court?

A
Article 217(2) is amended to provide that only persons born in India may be appointed judges of high courts.
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B
The Indian Citizenship Act, 1955 is amended to provide that after December 31, 2019, a person who is born outside Indian cannot become a citizen of India.
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C
The Constitution is amended, and all fundamental rights are extended to all persons, regardless of whether they are citizens or not.
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D
Article 124(3) is amended to provide that only persons born in India may be appointed judges of the Supreme Court.
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Solution

The correct option is D Article 217(2) is amended to provide that only persons born in India may be appointed judges of high courts.
The correct answer is (a) – Article 217(2) is amended to provide that only persons born in India may be appointed judges of high courts. If this were true, Sahil could not be appointed a judge of the high court since he was born outside India.
Since Sahil acquired Indian citizenship while studying law in India between 2002 and 2007, the amendment in option (b) would not affect him, and so, this cannot be the correct answer.
Options (c) and (d) do not affect Sahil’s appointment as a judge of the high court, and so, neither can be the correct answer.

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