Part VI: Subordinate Courts

Chapter VI: Subordinate Courts

Article 233: Appointment of District Judges

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(1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.

(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

Explanations

Article 233 falls under Chapter VI, titled "Subordinate Courts," of the Indian Constitution. It pertains to the appointment of district judges, highlighting the powers and role of the Governor and the High Court in the appointment process. This provision aims to ensure a balance of power and an efficient system for judicial appointments at the district level. The article safeguards judicial standards by setting eligibility requirements, ensuring only qualified individuals can serve as district judges.

Clause-by-Clause Explanation

Clause (1): Authority of Appointment for District Judges

The first clause of Article 233 states that the Governor of a State is responsible for appointing district judges. However, this is done in consultation with the High Court that exercises jurisdiction over the respective State. This consultation clause ensures that the judiciary’s input is essential in selecting district judges, promoting judicial independence and preventing any executive overreach. This dual consultation mechanism seeks to maintain a balance between the judiciary and the executive, which helps maintain integrity in judicial appointments.

Clause (2): Eligibility and Qualification for Appointment

Clause (2) outlines the eligibility criteria for candidates aspiring to become district judges. It mandates that candidates not currently in Union or State service must have served as an advocate or pleader for at least seven years and must be recommended by the High Court. This ensures that appointees possess sufficient legal experience and practical expertise before assuming a judicial role, maintaining the judicial office's dignity.

Real-Life Examples

• Maharashtra: The High Court’s role in recommending district judges ensures transparency and prevents political interference.
• Mr. Rajesh Narula: Appointed as a district judge after a 12-year career as an advocate. His experience equipped him to handle the complexities of the judicial process, demonstrating how the eligibility criteria contribute to selecting competent district judges.

Historical Context

Article 233 of the Indian Constitution, originally introduced as Draft Article 209A, underwent a meticulous review and extensive deliberation during the sessions of the Constituent Assembly on June 19 and September 16, 1949. Following in-depth discussions and a rigorous examination process, the provision was formally adopted and integrated into the Constitution.

Debates and Amendments

Dr. B. R. Ambedkar proposed adding Chapter VIII to the Constitution, Articles 209-A to 209-E, to define the appointment, promotion, and control of district and subordinate judges. Article 209-A outlined that district judges would be appointed by the Governor in consultation with the High Court, with eligibility criteria requiring seven years of advocacy experience. Ambedkar's proposal aimed to place civil judiciary control under High Courts while initially excluding magistrates due to their administrative role, allowing for phased judicial-executive separation.

Several members, including Mr. Kuldhar Chaliha and Pandit Thakur Das Bhargava, proposed amendments to strengthen judicial independence, though they were ultimately rejected. These debates underscored the framers' commitment to balancing judicial independence and executive authority.

References

• The Constitution of India - Article 233.
• Constituent Assembly Debates on Judicial Appointments.
• Dr. B.R. Ambedkar’s Speeches on Judicial Independence.
• High Court and Supreme Court Judgments on Article 233.
• Basu, D.D. "Commentary on the Constitution of India".