Article 217 in Constitution of India

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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 warrant under his hand and seal on the recommendation of the National Judicial Appointments Commission referred to in article 124A, 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.--[Editorial comment-The Constitution (Seventh Amendment) Act, 1956, it amended Article 217 (1) where it added the words “in the case of an additional or acting Judge, as provided in Article 224, and in any other case” to the existing words of the provision “shall hold office until he attains the age of sixty years” Also Refer ][Editorial comment-The Constitution (Fifteenth Amendment) Act, 1963, through this amendment to Article 217, Clause (1), a High Court Judge’s retirement age has been raised from 60 to 62. With retroactive effect, a new clause (3) was added to Article 217. That allows the President to decide the age of a judge of a High court after consulting with the Chief Justice of India.][Editorial comment-The Constitution (Ninety-ninth Amendment) Act, 2012, starts with the words “after consultation” and ends with the words “the High Court” shall be replaced with the words, figures, and letter “on the proposal of the National Judicial Appointments Commission” as mentioned in Article 124A.Also Refer][Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]

Article 217 in Constitution of India

217. Appointment and conditions of the office of a Judge of a High Court

(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;

(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--

AI Summary

Since you have only provided the title "Article 217 in Constitution of India" and the court as "Constitution Article" with a date of "26 January 1950", which is the date the Constitution came into effect, it appears you are asking for an explanation of Article 217 itself, rather than a summary of a specific case. Therefore, I will provide an explanation of Article 217 of the Indian Constitution.

Short Summary

Article 217 of the Indian Constitution deals with the appointment and conditions of the office of a Judge of a High Court. It specifies the process for appointment, qualifications, and the age of retirement for High Court judges.

Facts

Article 217 is a constitutional provision outlining the procedure for appointing and determining the tenure of High Court judges. There are no specific "facts" in the sense of a case summary, as it is a foundational legal provision. The article has been amended over time, most notably regarding the consultation process for appointments.

Issues

The primary issues addressed by Article 217 are:

Who is qualified to be appointed as a High Court judge?
What is the procedure for appointing a High Court judge?
What is the age of retirement for a High Court judge?
Under what circumstances can a judge's appointment be questioned?

Constitutional Provisions (Equivalent to Petitioner's Arguments, if it were a case)

The Constitution, through Article 217, establishes the following:

A High Court Judge is appointed by the President after consultation with the Chief Justice of India, the Governor of the State, and the Chief Justice of the High Court.
A person must be a citizen of India and have held a judicial office for ten years or have been an advocate of a High Court (or two or more such Courts in succession) for ten years to be eligible for appointment.
A Judge holds office until the age of sixty-two years.
Any question regarding the age of a Judge is to be decided by the President after consultation with the Chief Justice of India.

Government/Other Stakeholders' Position (Equivalent to Respondent's Arguments)

The government's role is to implement Article 217 according to its provisions. The President acts on the advice of the Council of Ministers in making appointments. The judiciary, particularly the Chief Justice of India, plays a crucial role in the consultation process, ensuring judicial independence.

Court's Reasoning

Since this is a constitutional article and not a court case, there is no specific "court's reasoning." However, interpretations of Article 217 by the Supreme Court in various cases have clarified the scope of the consultation process, emphasizing the primacy of the Chief Justice of India's opinion in judicial appointments while also requiring a consultative process.

Conclusion

Article 217 of the Indian Constitution establishes the framework for the appointment and tenure of High Court judges, aiming to ensure the independence and integrity of the judiciary. It defines the qualifications, appointment process, retirement age, and mechanism for resolving disputes regarding a judge's age.