Actual Article
Article 217: Appointment and conditions of the office of a Judge of a High Court
- 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.
- A Judge shall hold office until he attains the age of sixty-two years unless he resigns earlier or is removed on the grounds specified in clauses (4) and (5) of Article 124.
- The conditions of service of a Judge of the High Court, that may be determined by rules made by the President, shall not be varied to his disadvantage after his appointment except as provided by this Constitution.
UPSC Notes for Article 217
Explanation:
- Appointment Process: Article 217 outlines the appointment process for High Court judges in India, emphasizing the President’s role in these appointments, which are made after consultations with key judicial and executive authorities. This multi-tiered consultation process ensures that appointments are balanced and consider the input of both the central and state governments.
- Tenure and Retirement: Judges of the High Courts hold office until the age of sixty-two, which helps maintain judicial continuity and experience in the judiciary. Judges can also resign earlier or be removed from office under specific conditions similar to those applied to Supreme Court judges, as outlined in Article 124.
- Service Conditions: The conditions of service for High Court judges are established by rules made by the President and cannot be altered to the disadvantage of the judges after their appointment, ensuring judicial independence and security.
Key Points:
- Ensuring Qualified Appointments: The consultative appointment process is designed to ensure that only highly qualified individuals are appointed to the High Courts, maintaining the quality and integrity of the judiciary.
- Protection of Judicial Independence: By safeguarding the conditions of service and providing for secure tenure, the Constitution protects judges from external pressures and ensures their ability to make impartial decisions.
Important Cases and Commissions Related to Article 217
Cases:
- Supreme Court Advocates-on-Record Association vs Union of India: This landmark case (related to the appointment and transfer of judges) emphasized the importance of judicial independence and led to the creation of the collegium system for the appointment of judges, indirectly affecting the interpretation of Article 217.
Commissions:
- Law Commission of India: Has likely addressed issues surrounding the appointment processes, tenure, and conditions of service of High Court judges, proposing recommendations for enhancing transparency and efficiency.
Important Reports Related to Article 217:
- Administrative Reforms Commission: May have examined the judicial appointment processes to ensure they support both state and national interests in maintaining an effective judiciary.
Previous Year Prelims Questions Related to Article 217
- (UPSC Prelims 2016) Who appoints the Judges of High Courts?
- A. The President of India
- B. The Chief Justice of India
- C. The Governor of the State
- D. The Prime Minister of India Correct Answer: A. The President of India
- (UPSC Prelims 2018) Until what age do the Judges of the High Courts hold their office?
- A. 60 years
- B. 62 years
- C. 65 years
- D. 70 years Correct Answer: B. 62 years
Previous Year Mains Questions Related to Article 217
- Mains 2016: “Assess the role of the President in the appointment of High Court Judges as outlined in Article 217.”
- Mains 2019: “Discuss the significance of the consultation process in the appointment of High Court judges under Article 217 in maintaining judicial independence.”
Additional Insights:
- Balancing Judicial Autonomy and Executive Influence: Article 217 strikes a balance between maintaining judicial autonomy and allowing executive influence in the judicial appointment process, ensuring a comprehensive review of candidates’ qualifications and suitability.
Understanding Article 217 is crucial for UPSC aspirants as it provides a comprehensive overview of the judicial appointment process at the High Court level, emphasizing aspects of judicial independence, qualifications, tenure, and the checks and balances involved. This knowledge is vital for both preliminary and main examinations, enriching understanding of the governance and administration of the judiciary.