217. Appointment and conditions of the office of a Judge of a High
Court.—
(1) Every Judge of a High Court shall be appointed by the President
by warrant under his hand and seal 4[on the recommendation of the National
Judicial Appointments Commission referred to in article 124A], and the
Governor of the State, and, in the case of appointment of a Judge other than the
Chief Justice, the Chief Justice of the High Court, 5[shall hold office, in the
case of an additional or acting Judge, as provided in article 224, and in any
other case, until he attains the age of 6[sixty-two years:]]
Provided that —
(a) a Judge may, by writing under his hand addressed to the
President, resign his office;
(b) a Judge may be removed from his office by the President in the
______________________________________________
1. The bracket and figure "
(1)" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Cls.
(2) and
(3) omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).
3. Proviso omitted by the Constitution (Seventh Amendment) Act, 1956, s. 11
(w.e.f. 1-11-1956).
4. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 6, for "after
consultation with the Chief Justice of India, the Governor of the State, and, in the case
of appointment of a Judge other than the Chief Justice, the Chief Justice of the High
Court" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme
Court in the case of Supreme Court Advocates-on-Record Association and Another Vs.
Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.
5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for "shall hold office
until he attains the age of sixty years" (w.e.f. 1-11-1956).
6. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4
(a), for "sixty years"
(w.e.f. 5-10-1963).
100 THE CONSTITUTION OF INDIA
(Part VI.—The States)
manner provided in clause
(4) of article 124 for the removal of a Judge
of the Supreme Court;
(c) the office of a Judge shall be vacated by his being appointed by
the President to be a Judge of the Supreme Court or by his being
transferred by the President to any other High Court within the territory
of India.
(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
1
*** or of two or more such Courts in succession.2***
2
(c)* * * * *
Explanation.—For the purposes of this clause—
3
[
(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;]
4
[(aa)] in computing the period during which a person has been an
advocate of a High Court, there shall be included any period during
which the person 5[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 a High Court, there
shall be included any period before the commencement of this
______________________________________________
1. The words "in any State specified in the First Schedule" omitted by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The word "or" and sub-clause
(c) were ins. by the Constitution (Forty-second
Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted by the Constitution
(Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).
4. Cl.
(a) re-lettered as cl. (aa) by the Constitution (Forty-fourth Amendment) Act, 1978,
s. 28 (w.e.f. 20-6-1979).
5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for "has held
judicial office" (w.e.f. 3-1-1977).
101 THE CONSTITUTION OF INDIA
(Part VI.—The States)
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.
1
[
(3) If any question arises as to the age of a Judge of a High Court, the
question shall be decided by the President after consultation with the Chief
Justice of India and the decision of the President shall be final.]
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