Home The Constitution Part VI Article 217

Art. 217 Part VI: The States

Appointment and Conditions of the Office of a Judge of a High Court

Exact text — Constitution of India

(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 shall hold office... until he attains the age of 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...

In Plain English

What this Article actually means

This Article covers High Court judge appointments — through a multi-party consultation process (Chief Justice of India, the state's Governor, and the relevant High Court's own Chief Justice), with judges serving until age 62 (notably younger than the Supreme Court's 65), and removal following the SAME demanding process as Supreme Court judges under Article 124(4).

Why This Matters To You

How it shows up in everyday life

This is why High Court judges enjoy essentially the same strong tenure security and independence protections as Supreme Court judges (the same difficult removal process), even though their retirement age is set three years younger — a genuinely important safeguard for judicial independence at the state level too.

Read alongside this one

Art. 124 — Establishment and Constitution of Supreme Court

Frequently Asked

Quick answers about Article 217

Why is the High Court retirement age (62) different from the Supreme Court's (65)?

This is simply how the Constitution's framers originally structured it — the age differential has periodically been the subject of policy discussion, including occasional proposals to harmonise them, but the distinction remains in the current constitutional text.

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The text above reproduces Article 217 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.