Which Article of the Indian Constitution has provisions for the appointment of High Court Judges?

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SSC MTS 2024 Official Paper (Held On: 23 Oct, 2024 Shift 1)
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  1. Article 252
  2. Article 202
  3. Article 217
  4. Article 119

Answer (Detailed Solution Below)

Option 3 : Article 217
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Detailed Solution

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The correct answer is Article 217.

Key Points

  • Article 217 of the Indian Constitution specifically deals with the appointment and conditions of the office of High Court Judges.
  • The President of India appoints High Court Judges after consultation with the Chief Justice of India, the Governor of the respective state, and the Chief Justice of the concerned High Court.
  • A person is qualified for appointment as a High Court Judge if they have served as an advocate in a High Court for at least 10 years or have held judicial office in India for the same duration.
  • The retirement age of a High Court Judge is 62 years, as per the provisions under Article 217.
  • The procedure for removal of High Court Judges is the same as for Supreme Court Judges and is governed by Article 124(4) of the Constitution.

Additional Information

  • High Court in India:
    • Each state in India has its own High Court, which acts as the highest judicial authority within the state.
    • The High Court has original, appellate, and writ jurisdiction under the Constitution.
  • Collegium System:
    • The appointment of High Court Judges involves the Collegium System, where senior judges of the Supreme Court recommend names to the President.
    • This system ensures judicial independence and transparency.
  • Judicial Review:
    • High Courts have the power of judicial review under Article 226, enabling them to examine the constitutionality of laws and executive actions.
    • This is a crucial function to uphold the principles of justice and the rule of law.
  • Removal of Judges:
    • High Court Judges can be removed only through impeachment by Parliament, as per the procedure outlined in the Judges Inquiry Act, 1968.
    • This ensures that removal is not arbitrary and is conducted with due process.
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