ARTICLE – 217 & 227

Appointment of Judges in the High Courts

Qualifications
There are certain qualifications which have to be fulfilled in order to appoint a person as a judge
in the High Courts. The qualifications regarding the appointment are provided in Article 217.
According to the Article,
The person appointed must be a citizen of India;
The person appointed should have held a judicial office in the territory of India for at least ten
years;
The person appointed should have been an advocate in the High Court for at least ten years.
Procedure
Article 217 of the Indian Constitution provides the procedure regarding the appointment of judges in the High
Courts. According to this Article,
• The judges of the High Courts can be appointed only by the warrant of the President and his seal;
• The appointment can be done only after consulting the Chief Justice of India and the Governor of the State;
• The appointment of Judges other than the Chief Justice can be done after consulting the Chief Justice of the High
Court;
• The provisions under this article must be followed even while appointing the Additional Judges according to Article
224.
• The person can hold the office as a judge until he is sixty-two years old;
• The consultation must be very effective, that is all the necessary information about the person being recommended
must be revealed and no information should be hidden in order to facilitate the appointment;
• The Judges appointed must take an oath before the Governor of the State according to Article 219. The oath must
be according to the form that is provided for the purpose in the Third Schedule.
 Transfer of Judges in the High Court

• Article222 of the Indian Constitution provides the transfer of

Judges from one High Court to another. The same procedure is
also followed even for the transfer of Chief Justice. The
President has the power to transfer the Judges from one High
Court to another. This transfer must be made only after
consulting the Chief Justice. There is also a provision for
providing a compensatory allowance to the Judges who are
transferred in addition to their salary.
Landmark Judgments 
S.P Gupta v Union of India
• Several writ petitions were filed in the various High Courts regarding the appointment of
High Court Judges as well as the Supreme Court judges in the form of public interest
litigation. These petitions were transferred to the Supreme Court using suo moto cognizance.
The main issue was to decide whose opinion in the collegium should be given primary
importance while appointing the judges. The majority opinion was that “the opinions of
Chief Justice of India and opinions of the Chief Justice of High Court were merely
consultative and that power of appointment solely resides in the Central Government ”. 
• The meaning of the word consultation was also discussed in the case. The word consultation
mentioned in Article 124 and Article 217 in relation to all consultees and final decision in
the matter was left to the Central executive. The majority took an extremely literal and
positivistic view of Article 217. The central government even after this judgment followed
the old practice and no judge was appointed without the name being cleared by the Chief
Justice of India.
 POWERS AND FUNCTIONS OF HIGH
COURT
• The High Court is the highest court in a state in India. Articles 214 to 231 in the
Indian Constitution talk about the High Courts, their organization and powers. The
Parliament can also provide for the establishment of one High Court for two or
more states. 
• For instance, Haryana, Punjab and the Union Territory of Chandigarh have a
common High Court. The northeastern states also have one common High Court.
In addition, Tamil Nadu shares a High Court with Puducherry.
• Currently, there are 25 High Courts in India.
• TheHigh Courts of Calcutta, Madras and Bombay were established by the Indian
High Courts Act 1861.
The High Courts have several functions and powers which are described below.
As a Court of Record
• High Courts are also Courts of Record (like the Supreme Court).
• The records of the judgements of the High Courts can be used by subordinate courts for deciding cases.
• All High Courts have the power to punish all cases of contempt by any person or institution.
Administrative Powers
• It superintends and controls all the subordinate courts.
• It can ask for details of proceedings from subordinate courts.
• It issues rules regarding the working of the subordinate courts.
• It can transfer any case from one court to another and can also transfer the case to itself and decide the same.
• It can enquire into the records or other connected documents of any subordinate court.
• It can appoint its administration staff and determine their salaries and allowances, and conditions of service.
Power of Judicial Review
• HighCourts have the power of judicial review. They have the power
to declare any law or ordinance unconstitutional if it is found to be
against the Indian Constitution.
Power of Certification
•A High Court alone can certify the cases fit for appeal before the
Supreme Court.
THANK YOU