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Report No. 80

Chapter 5

Constitutional Provisions and The Present Practice

5.1. Articles 124 and 217.-

The constitutional provisions as they finally emerged on the subject of appointment of judges of the Supreme Court aria of the High Courts are contained in Articles 124 and 217. According to Article 124, every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for this purpose and shall hold office until he attains the age of 65 years, provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted.

The article also provides that a person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or is, in the opinion of the President, a distinguished jurist.

5.2. Article 217 provides that every Judge of a High Court shall be appointed by the President by a 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 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. (This age was initially 60, but was raised to 62 as a result of subsequent amendment).

Clause (2). of Article 217 provides that a person shall not be qualified for appointment as a judge of the High Court unless he is a citizen of India and has for at least ten years held a judicial office in the territory of India; or has for at least ten years been an advocate of a High Court or of two or more such Courts in succession; or is, in the opinion of the President, a distinguished jurist. The provision according to which the President could also appoint a person who, in his opinion, was a distinguished jurist was added in Article 217 as a result of the 42nd amendment, and has since then been deleted by the 44th Amendment.



Method of appointments of Judges Back




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