Article 217 of CoI : Article 217: Appointment and conditions of the office of a Judge of a High Court.

Explanation using Example

Example 1:

Scenario: Appointment of a High Court Judge

Mr. Rajesh Sharma, a distinguished advocate with over 15 years of experience practicing in the Delhi High Court, is being considered for appointment as a Judge of the Delhi High Court. The National Judicial Appointments Commission (NJAC) recommends his name to the President of India. The President, after consulting with the Governor of Delhi and the Chief Justice of the Delhi High Court, appoints Mr. Sharma as a Judge of the Delhi High Court by issuing a warrant under his hand and seal.

Explanation: This example illustrates the process of appointing a High Court Judge, where the NJAC recommends a candidate, and the President, in consultation with relevant authorities, makes the appointment.

Example 2:

Scenario: Resignation of a High Court Judge

Justice Meera Patel, a Judge of the Bombay High Court, decides to resign from her position due to personal reasons. She writes a resignation letter addressed to the President of India. Upon receiving her resignation, the President accepts it, and Justice Patel's office is vacated.

Explanation: This example demonstrates the procedure for a High Court Judge to resign from office by writing to the President.

Example 3:

Scenario: Removal of a High Court Judge

Justice Arvind Kumar, a Judge of the Karnataka High Court, is found to be involved in misconduct. Following the procedure outlined in Article 124(4) of the Constitution, an inquiry is conducted, and the President, upon receiving the report, decides to remove Justice Kumar from his office.

Explanation: This example shows the process of removing a High Court Judge for misconduct, which involves an inquiry and a decision by the President.

Example 4:

Scenario: Transfer of a High Court Judge

Justice Priya Singh, a Judge of the Calcutta High Court, is transferred to the Madras High Court by the President of India. The transfer is made to address the need for experienced judges in the Madras High Court.

Explanation: This example illustrates the President's power to transfer a High Court Judge from one High Court to another within India.

Example 5:

Scenario: Qualification for Appointment as a High Court Judge

Mr. Anil Verma, who has served as a District Judge in Uttar Pradesh for 12 years, is being considered for appointment as a Judge of the Allahabad High Court. Since Mr. Verma has held a judicial office for more than ten years, he meets the qualification criteria for appointment as a High Court Judge.

Explanation: This example highlights the qualification requirement for a High Court Judge, which includes holding a judicial office for at least ten years.

Example 6:

Scenario: Dispute Regarding Age of a High Court Judge

A dispute arises regarding the age of Justice Ramesh Gupta, a Judge of the Punjab and Haryana High Court. The President of India, after consulting with the Chief Justice of India, decides on the matter and declares the official age of Justice Gupta, which is considered final.

Explanation: This example demonstrates the procedure for resolving disputes related to the age of a High Court Judge, where the President's decision, after consultation with the Chief Justice of India, is final.