The Constitution of India
Proviso omitted by s.11, ibid.
- Jurisdiction
- India
- Provision
- 4
- Source language
- eng+tel
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source5. Substituted 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 Inda reported in AIR 2016 SC 117.
6. Substituted 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).
7. Substituted by the Constitution (Fifteenth Amendment) Act, 1963, s.4, for “sixty years” (w.e.f. 5.10.1963).
105 THE CONSTITUTION OF INDIA
(Part VI. — The States)
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—
(a) has for at least ten years held a judicial office in the territory of India; or
(b) has for at least ten years been an advocate of a High Court 1[***] or of two or
more such Courts in succession; 1[***]
2
[(c) * * * *]
Explanation:- For the purposes of this clause—
3
[(a) in computing the period during which a person has held judicial office in the
territory of India, there shall be included any period, after he has held any judicial office,
during which the person has been an advocate of a High Court or has held the office of a
member of a tribunal or any post, under the Union or a State, requiring special knowledge of
law;]
Source record
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The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
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