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ARTICLE 217, 218 OF CONSTITUTION OF INDIA 1949

What is Appointment and conditions of the office of a Judge of a High Court? What is Application of certain provisions relating to Supreme Court to High Courts? Article 217 and 218 of Constitution of India, 1949

Appointment and conditions of the office of a Judge of a High Court and Application of certain provisions relating to Supreme Court to High Courts are defined under Article 217 and 218 of Constitution of India 1949. Provisions under this Article are:

Article 217 of Constitution of India "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 218 of Constitution of India "Application of certain provisions relating to Supreme Court to High Courts"

The provisions of clauses (4) and (5) of Article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.

Constitution of India 1949

What is Annual financial statement? What is the Procedure in Legislature with respect to estimates? What is Appropriation Bills? Article 202, 203 and 204 of Constitution of India, 1949

What is Supplementary, additional or excess grants? What is Votes on account, votes of credit and exceptional grants? Article 205 and 206 of Constitution of India, 1949

What are the Special provisions as to financial Bills? What is Rules of procedure? Article 207 and 208 of Constitution of India, 1949

What are the Regulation by law of procedure in the Legislature of the State in relation to financial business? What is the Language to be used in the Legislature? Article 209 and 210 of Constitution of India, 1949

What are the Restriction on discussion in the Legislature? What is the meaning Courts not to inquire into proceedings of the Legislature? Article 211 and 212 of Constitution of India, 1949

What is the Power of Governor to promulgate Ordinances during recess of Legislature? Article 213 of Constitution of India, 1949

High Courts for States, What is the meaning High Courts to be courts of record? What is Constitution of High Courts? Article 214, 215 and 216 of Constitution of India, 1949

What is Appointment and conditions of the office of a Judge of a High Court? What is Application of certain provisions relating to Supreme Court to High Courts? Article 217 and 218 of Constitution of India, 1949

What is Oath or affirmation by Judges of High Courts? What is the Restriction on practice after being a permanent Judge? What are the provisions regarding Salaries etc., of Judges? Article 219, 220 and 221 of Constitution of India, 1949

What is Transfer of a Judge from one High Court to another? What is the procedure for Appointment of acting Chief Justice? What is the procedure for Appointment of additional and acting Judges? Article 222, 223 and 224 of Constitution of India, 1949

What is Appointment of retired Judges at sittings of High Courts? What is the Jurisdiction of existing High Courts? Article 224A and 225 of Constitution of India, 1949

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