Article 217 of the Constitution of India
E644080
Article 217 of the Constitution of India lays down the procedure, qualifications, and conditions for the appointment and tenure of High Court judges in India.
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf | constitutional provision ⓘ |
| appliesTo | Judges of High Courts in India ⓘ |
| belongsToChapter | Chapter V – The High Courts in the States ⓘ |
| belongsToPart | Part VI of the Constitution of India NERFINISHED ⓘ |
| bindingOn |
State Governments in India
ⓘ
Union Government of India NERFINISHED ⓘ |
| cameIntoForceWith | Constitution of India on 26 January 1950 ⓘ |
| category | Indian constitutional law ⓘ |
| concerns |
acting judges of High Courts
ⓘ
additional judges of High Courts ⓘ permanent judges of High Courts ⓘ |
| country | India ⓘ |
| designatesAppointingAuthority | President of India NERFINISHED ⓘ |
| enforcedBy | courts in India ⓘ |
| governs | age of retirement of High Court judges ⓘ |
| hasSection |
provisions on appointment procedure
ⓘ
provisions on conditions of office ⓘ provisions on qualifications ⓘ provisions on tenure and retirement ⓘ |
| interpretedBy | Supreme Court of India NERFINISHED ⓘ |
| interpretedIn |
Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993)
NERFINISHED
ⓘ
Third Judges Case (In re Presidential Reference, 1998) NERFINISHED ⓘ |
| jurisdiction | India NERFINISHED ⓘ |
| language | English ⓘ |
| legalEffect |
determines tenure and continuation in office of High Court judges
ⓘ
determines validity of appointments of High Court judges ⓘ |
| linksTo |
Article 124 of the Constitution of India
NERFINISHED
ⓘ
Article 220 of the Constitution of India ⓘ Article 224 of the Constitution of India ⓘ |
| partOf | Constitution of India NERFINISHED ⓘ |
| providesFor |
appointment of High Court judges by the President of India
ⓘ
oath or affirmation of High Court judges by the Governor ⓘ |
| regulates |
appointment of High Court judges in India
ⓘ
conditions of service of High Court judges in India ⓘ qualifications of High Court judges in India ⓘ tenure of High Court judges in India ⓘ |
| relatedDoctrine | collegium system for appointment of judges ⓘ |
| requiresConsultationWith |
Chief Justice of India
NERFINISHED
ⓘ
Chief Justice of the High Court concerned NERFINISHED ⓘ Governor of the State ⓘ |
| setsMinimumAge | 10 years of judicial office or advocacy experience (as qualification, not age) ⓘ |
| setsQualification |
at least 10 years as an advocate of a High Court or of two or more such Courts in succession
ⓘ
at least 10 years held a judicial office in the territory of India ⓘ |
| setsQualification | citizen of India ⓘ |
| setsRetirementAge | 62 years for High Court judges (subject to later constitutional amendments) ⓘ |
| subjectMatter | appointment and conditions of the office of High Court judge ⓘ |
| usedIn |
constitutional challenges relating to High Court judiciary
ⓘ
judicial review of High Court judges’ appointments ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.