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 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 _154[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 _155[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
_156*** or of two or more such Courts in succession; _157***
_157* * * * *
Explanation.- For the purposes of this clause-
_158[(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;]
_159[(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 _160[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.
_161[(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.]
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