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  1. Constitutions
  2. India
  3. Proviso omitted by s.11, ibid.

🇮🇳 IndiaConstitution

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 source
5. 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;]

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The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.

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