Article 217 of the Indian Constitution
Article 217 – Appointment and Conditions of the Office of High Court Judges
Text of Article 217:
(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.
(2) A High Court Judge shall hold office until he attains the age of 62 years.
(3) A High Court Judge may resign by writing addressed to the President.
(4) A High Court Judge may be removed only by Parliament on the grounds of proved misbehavior or incapacity, following the procedure laid down in Article 124(4) (for Supreme Court Judges).
(5) The conditions of service of High Court Judges shall be determined by Parliament, and they cannot be altered to their disadvantage after appointment.
Key Provisions:
Appointment:
High Court Judges are appointed by the President after consultation with:
Chief Justice of India (CJI)
Governor of the State
Chief Justice of the High Court (except in the case of appointment of CJI)
Tenure:
High Court Judges retire at 62 years of age.
Resignation:
Judges can resign voluntarily by writing to the President.
Removal:
Can only be removed through impeachment by Parliament on the grounds of misbehavior or incapacity.
Ensures independence of the judiciary.
Service Conditions:
Salaries and conditions of service cannot be reduced during tenure.
Maintains judicial independence from the executive.
Case Law Related to Article 217:
Supreme Court Advocates-on-Record Association v. Union of India (1993)
Discussed judicial appointments and the importance of consultation with the Chief Justice of India to maintain independence.
Highlighted that executive cannot ignore the judiciary in appointments.
In re: Special Reference No. 1 of 1998
Clarified the collegium system, emphasizing that consultations under Article 217 are not merely formalities; the judiciary must have a decisive role in appointments.
S.P. Gupta v. Union of India (1981)
Examined security of tenure and removal procedure, reinforcing that Parliamentary impeachment is the only valid method of removal.
Significance of Article 217:
Ensures independence of High Court Judges.
Maintains security of tenure, salary, and conditions of service, preventing arbitrary removal or influence by the executive.
Establishes a collaborative mechanism (executive and judiciary) for appointments, enhancing credibility of the judicial system.
Conclusion:
Article 217 safeguards the appointment, tenure, and independence of High Court Judges. By requiring consultation, protecting conditions of service, and prescribing stringent removal procedures, it ensures that judges can act impartially, uphold the Constitution, and maintain the rule of law.
RELATED Blog
0 comments