According to Article 217(1) of the Constitution, a Judge other than the Chief Justice of Rajasthan High Court is appointed by the President after consultation with –

Correct — option (2), Governor of Rajasthan, Chief Justice of India and Chief Justice of Rajasthan High Court.

Article 217(1) provides for High Court Judges to be appointed by the President by warrant under his hand and seal.

Its consultation wording, which the official text reproduces in a footnote, is "after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court".

For a Judge of the Rajasthan High Court other than its Chief Justice, that gives three consultees: the Chief Justice of India, the Governor of Rajasthan and the Chief Justice of the Rajasthan High Court. Option (2) names the same three, in a different order.

The third consultee is added only for Judges other than the Chief Justice. For the Chief Justice of a High Court, the clause names the Chief Justice of India and the Governor.

The official text of the Constitution records that the Ninety-ninth Amendment, 2014 had replaced this consultation with a recommendation by the National Judicial Appointments Commission, and that the Supreme Court struck the amendment down in its judgment dated 16 October 2015.

Judge other than the Chief Justice: Chief Justice of India + Governor + that High Court's Chief Justice.

Why the others are wrong

• (1)
  Chief Justice of Rajasthan High Court, Attorney General of India and Governor of Rajasthan. — The Attorney General of India is not a consultee under Article 217(1). Under Article 76 the Attorney General is the law officer who advises the Government of India on legal matters referred by the President.

  The list also leaves out the Chief Justice of India, whom Article 217(1) names first.

• (3)
  Union Law and Justice Minister and Governor of Rajasthan. — Article 217(1) does not name the Union Minister of Law and Justice. Its consultees are the Chief Justice of India, the Governor and, for other Judges, the High Court's Chief Justice.

  This option keeps the Governor but leaves out both judicial consultees.

• (4)
  Chief Justice of India and Governor of Rajasthan. — These two — the Chief Justice of India and the Governor — are the consultees for appointing the Chief Justice of a High Court.

  The stem is about a Judge other than the Chief Justice. For such a Judge Article 217(1) adds the Chief Justice of the High Court, so this list is one short.

Article 217 covers the appointment and tenure of High Court Judges. A Judge is appointed by the President by warrant under his hand and seal and holds office until the age of 62, raised from 60 by the Fifteenth Amendment, 1963.

A Judge may resign by writing to the President, and may be removed only in the manner provided in Article 124(4) for a Judge of the Supreme Court.

Before taking office, a High Court Judge makes an oath or affirmation before the Governor of the State, or a person the Governor appoints (Article 219).

The Rajasthan High Court's own history records its inauguration at Jodhpur on 29 August 1949. Jodhpur is its principal seat, and a permanent Bench at Jaipur was established by a Presidential Order dated 8 December 1976.

Key facts

• Article 217(1): High Court Judges are appointed by the President by warrant under his hand and seal.
• For a High Court Judge other than the Chief Justice, the consultees are the Chief Justice of India, the State's Governor and that High Court's Chief Justice.
• The Ninety-ninth Amendment, 2014 (NJAC) changed Article 217(1); the Supreme Court struck the amendment down in its judgment of 16 October 2015.
• A High Court Judge holds office until 62; the Fifteenth Amendment, 1963 raised the age from 60.
• The Rajasthan High Court was inaugurated at Jodhpur on 29 August 1949; a permanent Bench at Jaipur was set up by an order of 8 December 1976.

Common traps

• Dropping the High Court's own Chief Justice. The pair of Chief Justice of India and Governor is the list for appointing a Chief Justice, not other Judges.
• Adding executive law officers. Neither the Attorney General nor the Union Law Minister is named in Article 217(1).
• Reading the NJAC wording printed in Article 217(1) as the working rule. The official text notes that the Ninety-ninth Amendment was struck down on 16 October 2015.

UnlockIAS will link similar questions from RAS Pre 2018 here once that paper is published on this site.

• practice — not a real PYQ

  Where is the principal seat of the Rajasthan High Court?

  • (a)Jaipur
  • (b)Jodhpur
  • (c)Udaipur
  • (d)Bikaner
  Answer(2) — the High Court was inaugurated at Jodhpur on 29 August 1949 and Jodhpur is its principal seat. Jaipur (1) has a permanent Bench under the 1976 order. Udaipur (3) and Bikaner (4) had sittings of the High Court in 1949–50 that ceased from 22 May 1950.
• practice — not a real PYQ

  Under Article 217(1), before appointing the Chief Justice of a High Court, the President consults

  • (a)the Chief Justice of India and the Governor of the State
  • (b)the Chief Justice of India, the Governor and the Chief Minister of the State
  • (c)the Governor of the State and the Union Minister of Law and Justice
  • (d)the Chief Justice of India only
  Answer(1) — for a Chief Justice, Article 217(1) names the Chief Justice of India and the Governor of the State. The Chief Minister (2) and the Union Law Minister (3) are not named. Option (4) leaves out the Governor.