## CONSTITUTION 217

### CONSTITUTION 217 — Appointment and conditions of the office of a Judge of a High Court
- https://unisonlegal.in/statutes/constitution/217

> 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 4[on the recommendation of the National Judicial
Appointments Commission referred to in article 124A], and 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, 5[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 6[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

1. The bracket and figure "(1)" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Cls. (2) and (3) omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).
3. Proviso omitted by the Constitution (Seventh Amendment) Act, 1956, s. 11
(w.e.f. 1-11-1956).
4. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 6, for "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"
(w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court in the
case of Supreme Court Advocates-on-Record Association and Another Vs. Union of
India in its judgment dated 16-10-2015, AIR 2016 SC 117.
5. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for "shall hold office
until he attains the age of sixty years" (w.e.f. 1-11-1956).
6. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4(a), for "sixty years"
(w.e.f. 5-10-1963).
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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
1*** or of two or more such Courts in succession.2***
2(c)*
*
*
*
*
Explanation.-For the purposes of this clause-
3[(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;]
4[(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 5[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

1. The words "in any State specified in the First Schedule" omitted by the Constitution
(Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The word "or" and sub-clause (c) were ins. by the Constitution (Forty-second
Amendment) Act, 1976, s. 36 (w.e.f. 3-1-1977) and omitted by the Constitution (Fortyfourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 28 (w.e.f. 20-6-1979).
4. Cl. (a) re-lettered as cl. (aa) by the Constitution (Forty-fourth Amendment) Act, 1978,
s. 28 (w.e.f. 20-6-1979).
5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 36, for "has held
judicial office" (w.e.f. 3-1-1977).
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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.
1[(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.]