- (b) may be withdrawn at any time by the Governor.
- Explanation.—Where the Houses of the Legislature of a State having a Legislative Council are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
- (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the State assented to by the Governor, it shall be void:
- Provided that, for the purposes of the provisions of this Constitution relating to the effect of an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him.
- [1]:(4)*****
CHAPTER V.—THE HIGH COURTS IN THE STATES
214. High Courts for States.—[2]*** There shall be a High Court for each State.
- [3][*****]
215. High Courts to be courts of record.—Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
216. Constitution of High Courts.—Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
- [4][*****]
217. Appointment and conditions of the office of a Judge of a High Court.—(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal [5][on the recommendation of the National Judicial Appointments Commission referred to in article 124A], and [6][shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of [7][sixty-two years]:]
- Provided that—
- (a) a Judge may, by writing under his hand addressed to the President, resign his office;
- (b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;
- (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.
(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of
India and—
- ↑ Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 3 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 27 to read as above (w.e.f. 20-6-1979).
- ↑ The brackets and figures “(1)”omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
- ↑ Cls. (2) and (3) omitted by ibid.
- ↑ Proviso omitted by s. 11, ibid.
- ↑ Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 6, for certain words (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court vide its order dated the 16th October, 2015 in the Supreme Court Advocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117.
- ↑ Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 12, for “shall hold office until he attains the age of sixty years” (w.e.f. 1-11-1956).
- ↑ Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 4, for “sixty years” (w.e.f. 5-10-1963).
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