Articles 233 to 237 - Subordinate Courts
- Legal Journey
- Nov 1
- 4 min read
The States
Part VI
(Articles 152 to 237)
Subordinate Courts
Chapter VI
(Articles 233 to 237)
- In every State, The High Court is the Head of the Judiciary.
- Below the High Court, in every State, there is a system of Subordinate Courts.
Article 233. Appointment of district Judges
Clause (1) - Appointment, Posting, and Promotion of District Judges in any State is to be done by Governor.
- It is to be done in Consultation with the relevant High Court.
Clause (2) - For a person who is NOT already in service of the Union or State, the eligibility criteria for appointment as a District Judge is:-
7 years as an Advocate; AND | Recommended by the High Court for appointment |
- Hence, a person can be appointed to the post of District Judge by the Governor ONLY in consultation with the High Court.
State of Kerala V. A. Lakshmikutty (1986 SC)
- The word “consultation” in Article 233(1) must bear the same meaning as in Articles 124(2), 217(1) and 222(1).
- The Consultation must be real and effective.
- To make consultation effective, there has to be interchange of views between the High Court and the State Governments.
Chandra Mohan V. State of U. P. (1966 SC)
- It was held that the word “the service” in Article 233(2) could ONLY mean the judicial service and NOT other services.
- This is a mandatory provision and NOT directory.
- In this case the Supreme Court struck down certain rules which empowered the Governor to make appointments without consultation with the High Court.
20th Constitutional Amendment Act, 1966
- It inserted Article 233-A.
- It retrospectively validated all appointments and judgments, decrees, sentences or orders delivered by certain District Judges.
Article 234. Recruitment of persons other than district judges to the Judicial Services
- Appointment of persons to judicial service, other than District Judge, is to be made by the Governor in accordance with the rule made by him.
- But, such appointments can ONLY be made after consultation with the State Public Service Commission and also of the relevant High Court.
Article 235. Control over subordinate Courts
- All the control over Subordinate Courts in relation to posting and promotion of, and the grant of leave to, persons in the Judicial service of a State shall be vested in the High Court.
State of W. B. V. Nripendra Nath (1966 SC)
- The Court held that the control vested in the High Court under Article 235 includes disciplinary jurisdiction also.
- The High Court can therefore hold inquiries and impose punishment other than dismissal or removal which falls under the purview of the Governor.
- The High Court alone can institute a disciplinary proceeding against a District Judge and NOT the Government.
Article 236. Interpretation
- In this Chapter (Subordinate Court) :-
(a) “District Judge” includes a judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions Judge.
(b) “Judicial service” means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.
Article 237. Application of the provisions of this Chapter to certain class or classes of magistrates
- At present the State Government exercises the administrative control over the District and subordinate Magistrates.
- However, Article 237 provides that the Governor may by public notification direct that any of the above-mentioned provisions relating to any class or persons appointed to the State Judicial Service will apply with such exceptions and modifications as he deems fit.
- Under this Article, the Governor may transfer the control over the subordinate Courts to the High Courts.
Frequently Asked Questions
Q) What does the term “consultation” mean in Article 233?
A) The term “consultation” implies a meaningful and effective exchange of views between the Governor and the High Court before any judicial appointment is made, as established in State of Kerala v. A. Lakshmikutty (1986).
Q) What is meant by the High Court’s ‘control’ over Subordinate Courts under Article 235?
A) Article 235 vests in the High Court complete administrative and disciplinary control over Subordinate Courts, including postings, promotions, and inquiries against judicial officers.
Q) Can the Governor dismiss or remove a District Judge?
A) While the High Court has disciplinary control under Article 235, dismissal or removal of a District Judge requires the Governor’s approval, maintaining a balance between executive authority and judicial independence.
Q) Why is Article 235 crucial for ensuring the independence of the judiciary?
A) Article 235 acts as a constitutional safeguard by giving the High Court control over Subordinate Courts, protecting judicial officers from executive influence and ensuring impartial administration of justice.
Q) What is the difference between ‘judicial service’ and ‘other services’ under Article 233(2)?
A) “Judicial service” includes only those serving in posts intended for judicial duties. The Supreme Court in Chandra Mohan v. State of U.P. (1966) clarified that it excludes administrative or executive services.
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