Article 217

Appointment and Conditions of Office of High Court Judges

Official heading: “Appointment and conditions of the office of a Judge of a High Court.”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part VI, Article 217, printed pages 99–101
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Article 217 governs the appointment, qualifications, and tenure of High Court Judges until age sixty-two, requiring appointment by presidential warrant and establishing the collegium framework.

2. What It Means in Everyday Language

Article 217 is the foundational charter governing the appointment, eligibility, and service conditions of High Court Judges.

Appointment and Collegium Revival: Under Clause (1), every High Court Judge is appointed by the President by warrant under hand and seal. While the 99th Amendment (2014) inserted text referencing the National Judicial Appointments Commission (NJAC), the Supreme Court in the landmark SCAORA judgment (2015) struck down the amendment in its entirety as a violation of judicial independence (part of the Basic Structure). As a result, the pre-amendment collegium framework—requiring consultation with the Chief Justice of India, the Governor of the State, and the High Court Chief Justice—was revived as operative law.

Tenure: A High Court Judge holds office until attaining the age of sixty-two years (raised from sixty by the Fifteenth Amendment, 1963).

Qualifications (Clause 2): A candidate must be an Indian citizen and must have for at least ten years: (a) held a judicial office in India; or (b) been an advocate of a High Court. Note: Unlike the Supreme Court under Article 124(3)(c), a "distinguished jurist" cannot be appointed directly to a High Court.

Removal Procedure: Under proviso (b) to Clause (1), a High Court Judge can only be removed through parliamentary impeachment in the exact manner provided for Supreme Court Judges under Article 124(4).

3. Practical Illustrative Example

Everyday Scenario:

A seasoned advocate with twelve years of continuous High Court practice is recommended for elevation to the High Court bench.

Core takeaway: Under Article 217(2)(b), the advocate satisfies the constitutional eligibility requirement (minimum 10 years of High Court advocacy) and is processed through the judicial collegium.

Illustrative Notice: A High Court judge cannot be dismissed by the State Government or Governor; removal requires a two-thirds impeachment address in Parliament.

4. Important Limits, Qualifications & Exceptions

Article 217 guarantees judicial independence through high eligibility standards and tenure security.

Retirement age fixed at 62 years.
Appointment via presidential warrant following constitutional collegium recommendations.
Qualifications: 10 years judicial office or 10 years High Court advocacy.
No distinguished jurist category for High Courts.
Impeachment parity: Removable only under Article 124(4) and (5).

5. Operative Constitutional Text

(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, 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 a 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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 217, printed pages 99–101 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource