Article 217 - Appointment and conditions of the office of a Judge of a High Court - Constitution of India

Article 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 12 [ on the recommendation of the National Judicial Appointments Commission referred to in Article 124-A ] and 1 [ 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 3 [ 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 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 2 [***] or of two or more such Courts in succession; 8 [***] 9 [****] Explanation .- For the purposes of this clause- 10 [ (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; ] 11 [ (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 7 [ 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 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. 4 [ (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. ] **************** NOTES;- 1 . Substituted vide Article 12 of the Constitution (7th Amendment) Act, 1956 dated 19-10-1956 w.e.f. 01-11-1956, before it was read as, shall hold office until he attains the age of sixty years 2 . Omitted vide Article 29 of the Constitution (7th Amendment) Act, 1956 dated 19-10-1956 w.e.f. 01-11-1956, before it was read as, in any State specified in the First Schedule 3 . Substituted vide Article 4 of the Constitution (15th Amendment) Act, 1963 dated 05-10-1963 w.e.f. 05-10-1963, before it was read as, sixty years 4 . Inserted vide Article 4 of the Constitution (15th Amendment) Act, 1963 dated 05-10-1963 , w.e.f. 05-10-1963. 5 . Inserted vide Article 36 of the Constitution (42nd Amendment) Act, 1976 dated 18-12-1976, w.e.f. 03-01-1977. 6 . Inserted vide Article 36 of the Constitution (42nd Amendment) Act, 1976 dated 18-12-1976, w.e.f. 03-01-1977. 7 . Substituted vide Article 36 of the Constitution (42nd Amendment) Act, 1976 dated 18-12-1976, w.e.f. 03-01-1977, before it was read as, has held judicial office 8 . Omitted vide Article 28 of the Constitution (44th Amendment) Act, 1978 dated 30-04-1979 w.e.f. 20-06-1979, before it was read as, 5 [ or ] 9 . Omitted vide Article 28 of the Constitution (44th Amendment) Act, 1978 dated 30-04-1979 w.e.f. 20-06-1979, before it was read as, 6 [ (c) is, in the opinion of the President, a distinguished jurist. ] 10 . Inserted videy Article 28 of the Constitution (44th Amendment) Act, 1978 dated 30-04-1979 , w.e.f. 20-06-1979. 11 . Clause (a) re-lettered as Clause (aa) vide Article 28 of the Constitution (44th Amendment) Act, 1978 dated 30-04-1979 , w.e.f. 20-06-1979. 12 . (1) Substituted vide Article 6 of the Constitution (99th Amendment) Act, 2014 dated 31-12-2014 w.e.f. 13-04-2014, before it was read as, 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 (2) Declared unconstitutional by Supreme Court Advocates-on-Record Assn. v. Union of India, 2015 (10) TMI 2687 - Supreme Court .