Part VI: Subordinate Courts

Chapter VI: Subordinate Courts

Article 235: Control Over Subordinate Courts

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(235) Control over subordinate courts.—The control over district courts and courts subordinate thereto, including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.

Explanations

Article 235 of the Constitution of India grants the High Court the authority over the administrative control of district and subordinate courts within a state. This article underscores the independence of the judiciary by ensuring the High Court's oversight of subordinate judicial personnel while balancing the rights of these officers as defined by their service conditions.

Key Points

1. Control Over District and Subordinate Courts

The High Court holds control over district courts and subordinate courts within its jurisdiction. This control encompasses administrative functions such as postings, promotions, and leave for judicial officers below the rank of district judge, ensuring consistency and judicial independence.

2. Rights of Judicial Officers Under Service Conditions

Article 235 ensures judicial officers retain their rights to appeal under the laws regulating their service conditions. This safeguards judicial officers against arbitrary decisions while reinforcing judicial integrity.

3. Limitations on the High Court’s Authority

The High Court must act within the prescribed service conditions, ensuring a fair and accountable administrative framework for subordinate courts.

Historical Significance

Article 235 consolidates the High Court's supervisory authority over subordinate courts, fostering judicial autonomy. This provision ensures judicial officers' administrative matters remain free from executive influence.

Legislative Background

Draft Article 209C, which later became Article 235 in the Constitution, was thoroughly scrutinized and debated in the Constituent Assembly on September 16, 1949. The provision aimed to strengthen the independence of the judiciary by vesting administrative control over subordinate courts in the High Court. This was intended to prevent executive interference in judicial matters, thereby maintaining the judiciary's impartiality and integrity.

The framers recognized the need for a centralized supervisory authority to ensure consistency and accountability in judicial administration. Consequently, Article 235 was formally approved and incorporated into the Constitution as part of Chapter VI, Subordinate Courts.

Debates and Amendments

During the Constituent Assembly debates, Dr. B. R. Ambedkar proposed adding Chapter VIII to the Constitution, which included Articles 209-A to 209-E, defining the appointment, promotion, and control of district and subordinate judges. Article 209-A outlined the Governor's role in appointing district judges in consultation with the High Court, while Article 209C addressed the administrative control of subordinate courts.

Mr. Kuldhar Chaliha suggested that judges should serve in their own provinces to better understand local customs. However, this amendment was rejected as overly restrictive. Pandit Thakur Das Bhargava proposed a timeline for separating the judiciary from the executive, citing Congress’s historical commitment to judicial independence. While his amendment was declined, it highlighted the ongoing importance of this separation.

Pandit Kunzru emphasized the need for High Court control over the transfer and promotion of district judges to reduce executive influence, aligning with practices in countries like Ceylon. Despite some opposition, the Assembly ultimately adopted Chapter VIII, ensuring that the High Court retained authority over subordinate judicial administration.

The inclusion of Article 235 was seen as a cornerstone for upholding judicial autonomy, providing a balanced structure between the judiciary's independence and the Governor's oversight responsibilities.

References

• The Constitution of India - Article 235.
• Landmark Case: State of West Bengal v. Nripendra Nath Bagchi (1966).
• Judicial Precedents: Shamsher Singh v. State of Punjab (1974).