Which of the following is the procedure prescribed in Article 217 of the Constitution of India for appointing the Chief Justice of a High Court?
Answer & explanation
Correct answer: option 1
The correct answer is Option (1) → Appointment by the President after consultation with the Chief Justice of India and the Governor of the State
Under Article 217(1), every judge of a High Court is appointed by the President after consultation with the Chief Justice of India and the Governor of the State. The Chief Justice of the High Court is consulted as well, but only when a judge other than the Chief Justice is appointed. For the Chief Justice of the High Court, therefore, only the Chief Justice of India and the Governor are named.
Why the other options are incorrect
Option (2) Appointment by the President after consultation with the Chief Justice of India, the Governor of the State and the outgoing Chief Justice of the High Court — Incorrect. Article 217 asks for the High Court Chief Justice’s view only for the other judges, not for appointing a new Chief Justice.
Option (3) Appointment by the President after consultation with the Chief Justice of India, the Governor of the State and other Supreme Court judges as deemed fit by the President — Incorrect. Consulting judges “as the President may deem necessary” is part of Article 124(2), for Supreme Court judges.
Option (4) Appointment by the President after consultation with the Chief Justice of India, the Governor of the State and other Supreme Court judges and High Court judges as deemed fit by the President — Incorrect. Consulting Supreme Court and High Court judges as the President thinks fit is again the Article 124(2) procedure for the Supreme Court.