What is Article 217?
Historical Background
Key Points
6 points- 1.
Article 217(1) states that every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and the Chief Justice of that High Court.
- 2.
Article 217(1)(a) specifies the qualifications for appointment as a Judge of a High Court (citizen of India, held a judicial office for at least 10 years, or been an advocate of a High Court for at least 10 years).
- 3.
Article 217(1)(b) deals with the removal of a Judge of a High Court in the same manner as a Judge of the Supreme Court (impeachment).
- 4.
Article 217(2) provides for the resolution of disputes regarding the age of a Judge of a High Court by the President after consultation with the Chief Justice of India.
- 5.
Judges of the High Court hold office until the age of 62 years.
Visual Insights
Article 217: Appointment & Conditions of High Court Judges
This table details the crucial provisions of Article 217, which governs the appointment, qualifications, tenure, and removal of High Court judges, highlighting its role in judicial independence.
| Aspect | Provision under Article 217 (as interpreted) | Significance for Judicial Independence |
|---|---|---|
| Appointing Authority | President (after consultation) | Ensures central authority, but consultation (Collegium) limits executive discretion, upholding judicial primacy. |
| Consultation Process | CJI, Governor, and HC Chief Justice (for other judges). Collegium recommendations are binding. | Multi-layered consultation ensures suitability and judicial primacy (as per Three Judges Cases), insulating appointments from political influence. |
| Qualifications | Citizen of India; 10 years judicial office OR 10 years as HC advocate | Ensures legal experience and competence (meritocratic principle), contributing to the quality of the judiciary. |
| Retirement Age | 62 years | Security of tenure, allowing judges to function without fear of removal or political pressure, crucial for impartial decision-making. |
| Resignation |
Recent Real-World Examples
1 examplesIllustrated in 1 real-world examples from Mar 2026 to Mar 2026
Source Topic
Bombay High Court Judges Protest Junior's Appointment as Permanent Judge
Polity & GovernanceUPSC Relevance
Frequently Asked Questions
121. What is Article 217 and its constitutional basis?
Article 217 of the Indian Constitution defines the appointment and conditions of the office of a Judge of a High Court. It is part of Part VI of the Constitution, which deals with the States.
Exam Tip
Remember that Article 217 is related to the High Courts and their judges. This is important for Prelims.
2. What are the key provisions of Article 217?
The key provisions of Article 217 include: * Appointment of High Court judges by the President after consulting with the Chief Justice of India, the Governor of the State, and the Chief Justice of that High Court. * Qualifications for appointment as a Judge, including being a citizen of India and having held a judicial office or been an advocate of a High Court for at least 10 years. * Deals with the removal of a Judge of a High Court in the same manner as a Judge of the Supreme Court (impeachment). * Resolution of disputes regarding the age of a Judge by the President after consulting with the Chief Justice of India. * Judges hold office until the age of 62 years.
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