What is Article 217 of Indian Constitution – Defination & Meaning

Article 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
📅 Part VI – The States
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Article Number

217

part

Part VI – The States

Status

Active

Full Definition & Explanation

Article 217 of the Indian Constitution outlines the appointment process and conditions for High Court Judges. According to this article, every Judge is appointed by the President of India through a formal document called a warrant. Once appointed, a Judge typically serves until the age of sixty-two, unless they choose to resign or are removed from office. This ensures that the judiciary remains independent while also maintaining a level of accountability through the President’s appointment powers. The article specifies qualifications required for someone to become a High Court Judge. An individual must either have held a judicial position for at least ten years or have practiced as an advocate in a High Court for the same duration. This emphasizes the need for experience and competence in law before one can be entrusted with the major responsibilities of a Judge. Additionally, the article includes provisions for computing the required experience, which also considers any legal positions held before the Constitution came into effect. Also, in instances where there is a question regarding a Judge’s age, the President decides after consulting the Chief Justice of India. This ensures that there is clarity and finality about the qualifications of Judges. Article 217 thus plays a key role in preserving the integrity and efficiency of the judiciary, ensuring that only qualified individuals serve as Judges, thereby impacting the quality of justice delivered in High Courts across India.

Historical Context

According to this article, every Judge is appointed by the President of India through a formal document called a warrant. Once appointed, a Judge typically serves until the age of sixty-two, unless they choose to resign or are removed from office. This ensures that the judiciary remains independent while also maintaining a level of accountability through the President’s appointment powers. The article specifies qualifications required for someone to become a High Court Judge. Article 217 of the Indian Constitution outlines the appointment process and conditions for High Court Judges. An individual must either have held a judicial position for at least ten years or have practiced as an advocate in a High Court for the same duration.

Key Features

– Judges of High Courts are appointed by the President of India.
– A Judge must be a citizen and have ten years of legal experience.
– Judges serve until the age of sixty-two unless they resign or are removed.
– The President decides disputes regarding a Judge’s age in consultation with the Chief Justice.
– Judicial experience includes time spent as an advocate or in legal positions.

Importance & Impact

– Appointment by the President ensures a level of authority and accountability.
– Qualified judges lead to better administration of justice in courts.
– Experience requirements filter out unqualified candidates from the judiciary
– Judicial independence is key for a fair legal system
– Clarity on age helps maintain order within the judicial system.

Sample UPSC Question

Which of the following statements about Article 217 of the Indian Constitution is correct? A) Judges can serve beyond the age of sixty-two. B) The President appoints Judges based on recommendations from the Prime Minister. C) A person must have ten years of legal experience to be appointed. D) Judges are appointed by the Chief Justice of India. Select the correct option.

Answer

The correct answer is C. Article 217 states that a person must have at least ten years of experience in a judicial capacity or as an advocate to qualify for appointment as a High Court Judge, ensuring that only experienced individuals are selected for these key roles.

Key Takeaways

✓ High Court Judges are appointed by the President of India.
✓ Ten years of legal experience is required for appointment.
✓ Judges typically serve until they are sixty-two years old.
✓ The President resolves disputes regarding a Judge’s age.
✓ Judicial experience includes roles as advocates and in tribunals.

FAQs

Article 217 of the Indian Constitution outlines the appointment process and conditions for High Court Judges. According to this article, every Judge is appointed by the President of India through a formal document called a warrant. Once appointed, a Judge typically serves until the age of sixty-two, unless they choose to resign or are removed from office.

An individual must either have held a judicial position for at least ten years or have practiced as an advocate in a High Court for the same duration. This emphasizes the need for experience and competence in law before one can be entrusted with the major responsibilities of a Judge. Additionally, the article includes provisions for computing the required experience, which also considers any legal positions held before the Constitution came into effect.

Also, in instances where there is a question regarding a Judge’s age, the President decides after consulting the Chief Justice of India. This ensures that there is clarity and finality about the qualifications of Judges. Article 217 thus plays a key role in preserving the integrity and efficiency of the judiciary, ensuring that only qualified individuals serve as Judges, thereby impacting the quality of justice delivered in High Courts across India.

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Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
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