Article 416 of the Costitution of India with Case law
Article 416 of the Constitution of India
Title: Provision as to the retirement of Judges
🧾 Bare Text Summary:
Article 416: "Every Judge of a High Court holding office immediately before the commencement of this Constitution shall, unless he sooner vacates his office, continue to hold office until he attains the age of sixty years."
🔍 Key Points of Article 416:
Context: This article is a transitional provision for judges of High Courts who were already in office before the Constitution came into force on 26 January 1950.
It ensured that such judges could continue in office under the new constitutional setup.
Their retirement age was fixed at 60 years, even if different terms applied under previous legal regimes (e.g., Government of India Act, 1935).
⚖️ Key Case Law and Interpretation:
While Article 416 is transitional in nature and has become largely redundant today, its principles have been indirectly reflected in various constitutional cases on judges’ tenure and retirement.
🔹 All India Judges' Association v. Union of India, AIR 1992 SC 165
Though not directly on Article 416, the case dealt with judicial service conditions, including retirement age.
It reinforced the importance of judicial independence and consistent service terms for judges across India, a principle Article 416 helped initiate.
🔹 U.O.I. v. Sankalchand H. Sheth, AIR 1977 SC 2328
Touched on the transfer and tenure of High Court judges.
Referenced historical and transitional provisions like Article 416 to show the continuity of office and constitutional protections given to judges.
✅ Importance and Status:
| Aspect | Explanation |
|---|---|
| Type | Transitional provision (now largely obsolete) |
| Purpose | Allowed judges appointed before 1950 to continue under the new Constitution |
| Retirement Age | Fixed at 60 years for pre-1950 High Court judges |
| Present Relevance | Largely historical; current retirement ages governed by Article 217 and Article 124 for HC and SC respectively |
🔚 Conclusion:
Article 416 served a temporary but crucial role in ensuring that judges of High Courts prior to the Constitution’s commencement continued seamlessly under the new system. Today, it is not in active use, but was important for ensuring judicial continuity post-independence.
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