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: |
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Appointed by the President of India,
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After consultation with:
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The Chief Justice of India (CJI),
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The Governor of the State, and
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(For other judges) the Chief Justice of that High Court.
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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:
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Held a judicial office in India for at least 10 years, or
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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:
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Judges are not elected, but appointed by the executive (President) in consultation with judiciary.
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The Collegium System (not mentioned in the Constitution but evolved through judgments) currently governs the actual selection process.
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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.
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