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Article 217 of Indian Constitution- Detailed Analysis

Last Updated on Apr 11, 2025
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Overview

Name of the Article

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

Part of the Constitutional Article

Part VI

Under Part VI of the Constitution, The appointment and terms of service for High Court judges in India are outlined in Article 217 of Indian Constitution, which is essential to preserving the independence and integrity of the judiciary by guaranteeing that the selection of High Court judges is open and merit-based. 

Background of Article 217 of Indian Constitution

The makers of the Indian Constitution established the necessity for a judiciary free from external influence to enforce legal principles and safeguard individual rights. The Constitution introduced Article 217 to provide precise rules for the appointment process of High Court judges including qualifications requirements and details about their tenure alongside resignation and removal procedures. This structure sees that the judiciary remains free from executive and legislative interference. Explore in-depth analysis of other Constitutional Articles.

Interpretation of Article 217 of Indian Constitution

Under Indian Constitution, Article 217 specifies the following key aspects:

  1. Appointment: Judges of a High Court are appointed by the President of India by warrant under his hand and seal, after consultation with the Chief Justice of India, the Governor of the respective state, and, in the case of appointments other than that of the Chief Justice, the Chief Justice of the High Court. 
  2. Qualifications: To be eligible for appointment as a High Court judge, a person must be a citizen of India and must have either held a judicial office in the territory of India for at least ten years or been an advocate of a High Court (or of two or more such Courts in succession) for at least ten years.
  3. Tenure: A High Court judge holds office until the age of 62 years. However, a judge may resign by writing under his hand addressed to the President or be removed by the President in the manner provided under Article 124(4) for the removal of a Supreme Court judge.
  4. Determination of Age: If any question arises regarding the age of a High Court judge, it is decided by the President after consultation with the Chief Justice of India, and the President's decision is final.

Landmark Cases and Judgments Interpretation of Article 217 of Indian Constitution

Several landmark judgments have shaped the interpretation and application of Article 217:

  1. Supreme Court Advocates-on-Record Association vs. Union of India (1993): Also known as the Second Judges Case which established the collegium system for judicial appointments, emphasizing the primacy of the judiciary in the appointment process to maintain its independence. 
  2. Third Judges Case (1998): In this advisory opinion, the Supreme Court clarified the collegium system, stating that the Chief Justice of India should consult a collegium of four senior-most judges of the Supreme Court when recommending appointments to the higher judiciary.

Significance of Article 217 of Indian Constitution

Article 217 plays a crucial role in ensuring the independence of the judiciary by:

  • Merit-Based Appointments: The rules mandate candidates to satisfy specific standards and engage in a consultative procedure to ensure that only competent and truthful people become judges of the High Court.
  • Security of Tenure: Judges enjoy protection from arbitrary actions through fixed tenure up to age 62 along with resignation and removal procedures that enable them to work impartially without fear or favor. 

Checks and Balances: The consultative process involving the judiciary and executive ensures a balanced approach to appointments, preventing undue influence from any single branch of government.

Developments and Amendments of Article 217 of Indian Constitution

Over the years, there have been significant developments related to Article 217:

  • Age of Retirement: The retirement age for High Court judges was originally set at 60 years old. Through the 15th Amendment Act of 1963 judges could serve until age 62 to preserve their valuable experience longer. 
  • National Judicial Appointments Commission (NJAC): The 99th Amendment Act of 2014 aimed to establish the NJAC system to replace the collegium system for transparent judicial appointments. The Supreme Court declared the 99th Amendment Act of 2014 unconstitutional in 2015 which led to the preservation of the collegium system for judicial independence.

Conclusion

Article 217 of Indian Constitution maintains the independence, integrity, and efficiency of the High Courts. By specifying clear directives for the appointment, qualifications and tenure of judges of the High Court, it ensures that the judiciary works without undue influence, upholding the rule of law and protecting citizens' rights. Landmark judgments and subsequent developments have further reinforced the importance of this article in India's constitutional framework.

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FAQs on Article 217 of Indian Constitution

It pertains to the appointment and conditions of service for High Court judges in India.

The President of India appoints them after consulting the Chief Justice of India, the state's Governor, and the Chief Justice of the respective High Court.

The individual must be an Indian citizen with at least ten years of judicial office experience or ten years as an advocate of a High Court.

They serve until they attain the age of 62 years.

A judge can be removed by the President following the procedure outlined in Article 124(4), which pertains to the removal of a Supreme Court judge.
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