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Article 217 Of Indian Constitution In English
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 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, and 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 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 or of two or more such Courts in succession; Explanation For the purposes of this clause.
(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;
(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 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 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.
(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.
Article 217 In English
217 Article – Conditions of appointment and office of a High Court Judge.
(1) 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 in the case of appointment of a Judge other than the Chief Justice, the High Court. shall, in the case of the Chief Justice of the Court, and an Additional or Acting Judge, hold office as provided in article 224, and in any other case, until he has attained the age of sixty-two years, provided that
(a) a Judge may, by writing under his hand addressed to the President, resign from 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 become vacant by the President being appointed as a Judge of the Supreme Court or transferred by the President to any other High Court within the territory of India.
(2) No person shall be eligible for appointment as a Judge of a High Court unless he is a citizen of India and.
(a) has held a judicial office in the territory of India for at least ten years; either
(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession; Explanation. For the purposes of this section.
(a) in computing the period during which a person has held a judicial office in the territory of India, shall include any period after he has held any judicial office during which that person has been an advocate of a High Court or has held the office of a member of a tribunal or any office under the Union or a State requiring special knowledge of law;
(aa) in computing the period during which a person has been an advocate of a High Court, the period during which the person has held a judicial office under the Union or the office of a member of a tribunal or any office shall be included, or a state, which requires special knowledge of law after becoming a lawyer;
(b) in computing the period during which a person has held judicial office in the territory of India or has been an advocate of a High Court, any period before the commencement of this Constitution shall be included during which he has held judicial office in any area which was included within India as defined by the Government of India Act, 1935 before the fifteenth day of August, 1947, or has been an advocate of a High Court in any such area, as the case may be.
(3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President in consultation with the Chief Justice of India and the decision of the President shall be final.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 217 Of Indian Constitution?
In Article 217 you see “Appointment and conditions of the office of a Judge of a High Court” that means (1) 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, in the case of appointment of a Judge other than the chief Justice, the chief Justice of the High court, and 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 sixty two years Provided that. more above.
Article 217 Debate Summary
Draft Article 193 (Article 217) was debated on 6 June and 7 June 1949. It laid down the procedure for appointment and the conditions of service for the judges of the High Court. The Assembly took issue with clause (1), in which a member suggested that the Governor should only be consulted, while the Chief Justice of the High Court should issue a ‘recommendation’.
Another argued that there was no need to consult the Governor at all, while a third proposed that the draft article be rewritten to reflect the draft Article 103 (Article 124) on the appointment of Supreme Court judges. needed. All these amendments were rejected, with one member arguing that it was not necessary to reflect all the provisions on the Supreme Court.
One member suggested that the state legislature should play a more important role in removing a judge of that state’s High Court, arguing that the current draft article gave too much power to the President and Parliament. This amendment was rejected. One member suggested that the retirement age should be 63, while another believed that it should not be prescribed by the Constitution, and instead it was best to rely on the existing custom of judges retiring at the age of 60.
A third member also wanted to remove the age limit. on service, arguing that it should be left to the discretion of individual judges as to when they are unable to continue their service. While the former amendments were rejected, the latter was accepted by the Assembly. Ultimately, the assembly accepted several minor amendments to the draft article, while others were rejected. The amended draft article was adopted on 7 June 1949.
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