DRAFT CONSTITUTION --(contd.)
*Article 216
Mr. President: We finished article 186 the other day. I am told we should
begin with article 216 today.
(Amendments ... That article 216 stand part of the Constitution."
The motion was adopted.
Article 216 was added to the Constitution.
*Article 217
(Amendment
Justice is sufficient compliance or not. This
question involves interpretation of Articles
217 and 223 of the Constitution and as
there is no decision ... Judges to the
Supreme Court under Article 124(2) and to
the High Courts under Article 217(1).
Though such a consultation is not
constitutionally
Justice is sufficient compliance
or not.
This question involves interpretation of Articles 217 and 223 of the
Constitution and as there is no decision ... Judges to the Supreme Court under Article 124(2) and to the High
Courts under Article 217(1). Though such a consultation is not
constitutionally
appointed, the procedure set
out in that article is to be followed. Clause (1) of Article 217
provides that "Every Judge ... explicit terms as in clause (2) of Article
224. Moreover, there is inherent evidence in Article 217 , clause
(1) itself which shows that the expression
appointed, the procedure set out in that article is to be followed. Clause (1) of Article 217 provides that Every Judge of a High Court ... explicit terms as in clause (2) of Article 224. Moreover, there is inherent evidence in Article 217 , clause (1) itself which shows that the expression
judge."
(emphasis supplied)
15. Difference in language of Article 233(2) and Article 217 (2) is
apparent. It will not be proper to read ... Articles and they apply accordingly.
Eligibility conditions mentioned in Article 233(2) cannot be
deemed to be incorporated in Article 217(2)(b) without there
article 132(1) of the Constitution on the ground that the case involved a substantial question of law as to the interpretation of Article 217 ... been upon a certificate under Article 132(1) and no leave under Article 132(3) or Special Leave under Article 136 having been asked
Tribunal was made. Reference is invited in this connection to Article 217 of the Constitution of India, before its
amendment in 1956, which relates ... qualified to be appointed as a Judge. With regard to Article 217(2) , which deals with qualifications for appointment as a Judge, it is pointed
Manoj Pratap Singh Yadav vs Union Of India Thr on 27 August, 2019
Equivalent citations
entitled, by express
provisions of the Constitution [ Articles 233 (2) , Article 217
(b) and Article 124 (3) (b)] to be considered for
appointment ... proposed to the
Draft of Article 193(2)(b) of the Constitution, which corresponds to the
present Article 217(2)(b) , for the insertion
