164. (1) Every High Court shall be a court of record and shall consist of a Chief Justice and such other judges as the President may from time to time deem it necessary to appoint:

Provided that the judges so appointed together with any additional judges appointed by the President in accordance with the following provisions of this chapter shall at no time exceed in number such maximum as the President may by order fix in relation to that court.

(2) Every judge of a High Court in any Province shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of the Supreme Court, the Governor of the Province and in the case of appointment of a judge other than the Chief Justice, the Chief Justice of the High Court of the Province. and shall hold office until he attains the age of sixty years, or such higher age as may be fixed in this behalf by Act of the Provincial Legislature:

Provided that–

(a) a judge may, by resignation under his hand addressed to the Governor, resign his office;

(b) a judge may be removed from his office by the President in the manner provided in sub-section (4);

(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 of another High Court.

(3) A person shall not be qualified for appointment as a judge of a High Court unless he is a citizen of the Federation, and-

(a) is a barrister of England or Northern Ireland of at least ten years’ standing or a member of the Faculty of Advocates in Scotland of at least ten years’ standing; or

(b) has for at least five years held a judicial once in any Governor’s or Chief Commissioner’s Province not inferior to that of a subordinate fudge, or judge of a small cause court; or

(c) has for at least ten years been a pleader of any High Court, or of two or more such courts in succession.

Explanation : In computing for the purposes of this subsection the standing of a barrister or a member of the Faculty of Advocates, or the period during which a person has been a pleader, any period during which the person has held judicial office after he became a barrister, a member of the Faculty of Advocates, or a pleader, as the case may be, shall be included and in computing the period during which a person has served as a judge of a High Court or been a pleader of a High Court or held judicial office in any Governor’s or Chief Commissioner’s Province, any period before the commencement of this Constitution during which he has served as a judge or been a pleader, of any High Court in any Governor’s or Chief Commissioner’s Province of India or Pakistan or has held judicial office in such Province, as the case may be, shall be included.

(4) A judge of a High Court shall not be removed from his office except by an order of the President passed on an address being presented in accordance with the procedure prescribed in this behalf by an Act of the Federal Parliament to the President by both Houses of the Federal Parliament in the same session for such removal on the ground of proved misbehaviour or incapacity.

(5) Every person appointed to be a judge of a High Court shall. before he enters upon his office, make, and subscribe before the Governor or some person appointed by him a declaration according to the form set out in that behalf in the Third Schedule to this Constitution.