Thursday, January 6, 2011

Appointment of high court judge

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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