What are the constitutional provisions related to the appointment and removal of High Court judges under Article 217 and Article 124 of the Constitution?

Detailed Legal Analysis

The appointment and removal of High Court judges in India are governed by Article 217 and Article 124 of the Constitution of India, which provide a comprehensive framework for these processes.

Article 217 specifically deals with the appointment of judges in High Courts, while Article 124 pertains to the Supreme Court judges, but both articles are intertwined in the context of judicial appointments in the higher judiciary. Here are the key points regarding these articles:

• Appointment of High Court Judges (Article 217):
  • Judges of the High Court are appointed by the President of India.
  • The President makes these appointments based on the advice of the Prime Minister and after consulting the Chief Justice of India (CJI) and, in some cases, the Governor of the state.
  • Article 217(1) stipulates that a person shall not be appointed as a High Court judge unless they are a qualified advocate or a judge of a High Court for at least ten years.
  • The President can appoint additional judges for a temporary period not exceeding two years.
• Removal of High Court Judges:
  • The removal of High Court judges is governed by Article 217(1) and Article 124(4) of the Constitution.
  • A judge can be removed from office only through a process of impeachment, which requires a two-thirds majority in both Houses of Parliament.
  • The grounds for removal include proven misbehavior or incapacity as specified in Article 124(4).
  • The impeachment process is initiated by either House of Parliament, and the procedure is detailed in the Parliament (Procedure for Impeachment of Judges) Act, 1968.
• Constitutional Safeguards:
  • Judges are provided with security of tenure, as they cannot be removed without following the stipulated impeachment process.
  • This constitutional provision is aimed at maintaining the independence of the judiciary.

In summary, Articles 217 and 124 outline a structured and rigorous process for the appointment and removal of High Court judges, which is essential for ensuring judicial independence and integrity in India.