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[Cites 0, Cited by 81] [Article 217] [Constitution]

Constitution Subarticle

Article 217(3) in Constitution of India

(3)If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.--[Editorial comment-The Constitution (Seventh Amendment) Act, 1956, it amended Article 217 (1) where it added the words “in the case of an additional or acting Judge, as provided in Article 224, and in any other case” to the existing words of the provision “shall hold office until he attains the age of sixty years” Also Refer ][Editorial comment-The Constitution (Fifteenth Amendment) Act, 1963, through this amendment to Article 217, Clause (1), a High Court Judge’s retirement age has been raised from 60 to 62. With retroactive effect, a new clause (3) was added to Article 217. That allows the President to decide the age of a judge of a High court after consulting with the Chief Justice of India.][Editorial comment-The Constitution (Ninety-ninth Amendment) Act, 2012, starts with the words “after consultation” and ends with the words “the High Court” shall be replaced with the words, figures, and letter “on the proposal of the National Judicial Appointments Commission” as mentioned in Article 124A.Also Refer][Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]