Article 217 is a fundamental provision in the Constitution of India that governs the appointment and conditions of the office of a Judge of a High Court. Originating from Draft Article 193, debated in June 1949, its purpose was to establish precise rules for the selection and tenure of High Court judges to safeguard the independence of the judiciary from executive and legislative interference.
The mechanism of Article 217 is detailed: a High Court Judge is appointed by the President of India by a warrant under his hand and seal. The appointment process requires consultation with the Chief Justice of India, the Governor of the concerned State, and the Chief Justice of the High Court. A permanent judge holds office until the age of 62 years. To be qualified, a person must be a citizen of India and have either held a judicial office for at least ten years or been an advocate of a High Court for at least ten years. A judge may resign by writing addressed to the President, or be removed by the President following the procedure laid down in Article 124(4), which is the same process for the removal of a Supreme Court Judge.
Article 217 is intrinsically connected to the Collegium system, which is the current mechanism for judicial appointments following a series of Supreme Court judgments. The provision has seen significant changes: the 15th Constitutional Amendment Act, 1963, raised the retirement age from 60 to 62 years. More recently, the 99th Constitutional Amendment Act, 2014, attempted to replace the consultation process with the National Judicial Appointments Commission (NJAC). However, the Supreme Court, in Supreme Court Advocates-on-Record Association vs Union of India (2015), struck down the amendment, ruling that judicial independence is part of the Basic Structure of the Constitution, thereby restoring the Collegium system and the original consultation mechanism under Article 217.