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Article 217 of the Constitution of India

Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Article 217 of the Constitution of India:


Context:

In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President has appointed Smt. Justice Vimla S. Kapoor, Additional Judge of the Chhattisgarh High Court, to be Judge of the Chhattisgarh High Court with effect from the date she assumes charge of her office.

Overview of Article 217 (1):

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.

InstaLinks:

Prelims Link:

  1. About Article 217 and sub clauses.
  2. Transfer of High Court judges.
  3. Appointment and removal.
  4. Acting Judges- appointment, roles and responsibilities.

Sources: PIB.