Part VI: Subordinate Courts
Chapter VI: Subordinate Courts
Article 234: Recruitment of Persons Other Than District Judges
--- Original Article ---
(234) Recruitment of persons other than district judges to the judicial service.—Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.
Explanations
Article 234 of the Constitution of India governs the recruitment of individuals other than district judges into the state judicial service. This provision delegates the authority to the Governor of the respective state, ensuring a structured recruitment process with the oversight of the State Public Service Commission and the High Court to maintain judicial integrity and impartiality. This article reinforces the importance of qualified appointments in the judiciary, which is foundational to upholding justice at various judicial levels.
Clause Headings
1. Appointment Authority – Role of the Governor
Under Article 234, the Governor of each state holds the authority to appoint individuals to the state judicial services. However, this power is not absolute, as it is exercised in consultation with other governing bodies, promoting a balanced and transparent appointment process.
2. Consultative Process with the High Court and Public Service Commission
The article mandates that the Governor consults both the State Public Service Commission and the High Court with jurisdiction over the state in question. This dual consultation process ensures that appointees meet judicial standards and that the recruitment process remains transparent.
Real-Life Example
In several states, the appointment of civil judges has been conducted in consultation with the respective State Public Service Commissions and High Courts. For instance, in Maharashtra, the Governor’s appointment of junior judges followed an inclusive selection process involving the Maharashtra Public Service Commission and input from the Bombay High Court to ensure candidates met all legal and ethical standards required for the role.
In a recent recruitment drive for judicial officers in Tamil Nadu, the process highlighted the significance of consultation. The Governor, after extensive deliberations with the Tamil Nadu Public Service Commission and the Madras High Court, appointed qualified individuals to junior judicial roles, reflecting a commitment to impartiality and legal acumen in appointments.
Historical Significance
The inclusion of Article 234 highlights the framers’ intention to establish a structured and impartial recruitment system for the judiciary beyond the district level. This article aligns with India’s commitment to judicial autonomy by preventing potential conflicts of interest or arbitrary appointments in the judiciary.
Frequently Asked Questions (FAQs):
The Governor of the state appoints individuals to the state judicial service under Article 234, following consultation with the State Public Service Commission and the High Court exercising jurisdiction in that state.
The High Court plays a crucial role in ensuring the recruitment process aligns with judicial standards. It provides consultation to the Governor on appointments, ensuring transparency and merit-based selection.
No, appointments made under Article 234 must involve consultation with the State Public Service Commission and the High Court. Without such consultation, the appointment process would violate the constitutional mandate.
References
- The Constitution of India - Article 234.
- Constitutional Assembly Debates.
- Relevant Judicial Precedents.
- Landmark Cases: State of Bihar v. Bal Mukund Sah.