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Amendment of Article 217 of the Constitution of India

By Mehar Singh Chaddah

Published In

Air 1960

The Government of India is contemplating the amendment of Art. 217 of the Constitution of India, so as to enable certain officers to be selected as High Court Judges. The amendment sought for is to the effect that a Judge should have held a judicial office for not less than tea years, out of which at least three years should have been put in as a District and Sessions Judge, or an officer, not below the rank of a Deputy Secretary in the law department of the Government, or as member of an Income-tax Tribunal, or a member of a Sales Tax Tribunal, or a member of any other Tribunal which the Government may specify. The emoluments of a Judge of a High Court have already been reduced and therefore, many lawyers of standing, experience and repute do not like to accept Judgeship, even though its refusal is unpatriotic on their part. This has resulted in practically blocking the entry of fresh real eminence and talent to the calibre of the judiciary. And if the scope of Article 217, ....

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