RAS question
HC judges are appointed under:
Correct answer: (A) Article 217.
High Court judges are appointed under Article 217(1) of the Constitution of India by the President after consultation with the Chief Justice of India, the State Governor and, except for a Chief Justice appointment, the Chief Justice of that High Court.
Explanation
Article 217(1) is the specific constitutional provision for appointing a Judge of a High Court. It says that every High Court judge is appointed by the President by warrant under his hand and seal. The appointment is not framed as a unilateral executive act: the President must consult the Chief Justice of India and the Governor of the State. When the appointment is for a judge other than the Chief Justice of that High Court, the Chief Justice of the same High Court is also consulted. This is why Article 217, not the more general provisions on the Supreme Court, writs or subordinate judiciary, is the precise answer.
Why the other options are wrong
- (B) Article 233 deals with appointments, postings and promotions of district judges by the State Governor in consultation with the High Court, not appointment of High Court judges.
- (C) Article 124 concerns the establishment and constitution of the Supreme Court and the appointment of Supreme Court judges, not High Court judges.
- (D) Article 226 gives High Courts the power to issue directions, orders and writs; it is about writ jurisdiction, not judicial appointments.
Concept
This tests article-to-institution mapping in the Constitution, especially the separate appointment rules for the higher judiciary and subordinate courts. It recurs in RAS because options often place nearby judiciary articles together, so the distinction between Articles 217, 233, 124 and 226 must be exact.