 |
| What is Article 217 of Indian constitution |
Article 217 of the Indian Constitution
Title: Appointment and conditions of the office of a Judge of a High Court
🔹 Text Summary:
Article 217 lays down the procedure for appointment, qualifications, tenure, and removal of High Court Judges in India.
📌 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| (1) | A Judge of a High Court shall be: |
-
Appointed by the President of India,
-
After consultation with:
-
The Chief Justice of India (CJI),
-
The Governor of the State, and
-
(For other judges) the Chief Justice of that High Court.
-
He/She holds office until the age of 62 years. |
| (2) | Qualifications to be appointed as a High Court judge:
✅ Must be a citizen of India, and
✅ Must have either:
-
Held a judicial office in India for at least 10 years, or
-
Been an advocate in a High Court (or two or more such courts in succession) for at least 10 years. |
| (3) | Any question about age of a High Court judge is decided by the President in consultation with the Chief Justice of India.
✅ The President’s decision is final.
🧠 Key Takeaways:
| Feature | Details |
|---|---|
| Appointing Authority | President of India |
| Consultation With | CJI, State Governor, CJ of High Court |
| Tenure | Till age of 62 years |
| Qualifications | 10 years as advocate or judicial officer |
| Retirement Age | 62 years (65 years for Supreme Court judges) |
📌 Important Notes:
-
Judges are not elected, but appointed by the executive (President) in consultation with judiciary.
-
The Collegium System (not mentioned in the Constitution but evolved through judgments) currently governs the actual selection process.
-
Removal is only possible through impeachment (like Supreme Court judges) under Article 218 read with Article 124(4).
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 216 | Constitution of High Courts |
| 217 | Appointment and conditions of High Court Judges |
| 218 | Application of SC removal provisions to HC judges |
| 224 | Additional and acting judges |
🏛️ Real Example:
If a lawyer has practiced in Bombay High Court for 12 years, they are eligible to be appointed as a High Court judge by the President, after consultation with the CJI, Governor of Maharashtra, and Chief Justice of Bombay High Court.
MCQs on Article 217 – Appointment and Conditions of the Office of High Court Judges
1. Article 217 of the Indian Constitution deals with which of the following?
A) Powers of the Supreme Court
B) Impeachment of the President
C) Appointment and conditions of the office of High Court Judges
D) Jurisdiction of High Courts
✅ Correct Answer: C) Appointment and conditions of the office of High Court Judges
2. Who appoints the Judges of a High Court as per Article 217?
A) Chief Justice of India
B) Prime Minister
C) President of India
D) Governor of the State
✅ Correct Answer: C) President of India
3. As per Article 217(1), the President consults which of the following before appointing a High Court Judge?
A) Chief Justice of the concerned High Court only
B) Chief Justice of India and the Governor of the state
C) Prime Minister and Council of Ministers
D) None of the above
✅ Correct Answer: B) Chief Justice of India and the Governor of the state
4. What is the minimum age required to become a High Court Judge as per Article 217?
A) 35 years
B) 40 years
C) 45 years
D) No minimum age is mentioned
✅ Correct Answer: A) 35 years
5. What is the term of office of a High Court Judge as per Article 217?
A) 3 years
B) 5 years
C) 10 years
D) Until the age of 62 years
✅ Correct Answer: D) Until the age of 62 years
6. Which of the following is a qualification to become a High Court Judge under Article 217?
A) Must be a citizen of India
B) Must have held a judicial office in India for at least 10 years
C) Must have been an advocate in a High Court for at least 10 years
D) All of the above
✅ Correct Answer: D) All of the above
7. The removal of a High Court Judge is governed by which Article of the Constitution?
A) Article 217
B) Article 124(4)
C) Article 226
D) Article 214
✅ Correct Answer: B) Article 124(4)
8. Under Article 217, can the President remove a High Court Judge at his discretion?
A) Yes
B) No, only after an inquiry by the Supreme Court
C) No, removal must follow the procedure under Article 124(4)
D) Yes, if advised by the Prime Minister
✅ Correct Answer: C) No, removal must follow the procedure under Article 124(4)
9. Which of the following is NOT mentioned in Article 217?
A) Conditions of service
B) Qualifications for appointment
C) Powers of High Court
D) Manner of appointment
✅ Correct Answer: C) Powers of High Court
10. The consultation with the Chief Justice of India for the appointment of a High Court Judge is—
A) Optional
B) Mandatory
C) Discretionary
D) Based on the will of the Governor
✅ Correct Answer: B) Mandatory
.jpg)
Follow Us