Report No. 32
25. Inter-relationship of section 9 in the Code of Criminal Procedure, 1898 and the Articles in the Constitution-Changes needed in section 9.-
We now address ourselves to the specific problem which we have to consider, namely, the effect of Articles 233 et seq. of the Constitution on section 9 of the Code of Criminal Procedure. The expression "appoint a judge of such court" in section 9(1) does not seem to connote an appointment to a cadre, but seems to connote assignment to a particular Court. In view of Articles 233 et seq. as interpreted by the Supreme Court, a distinction has to be made between appointment to the cadre and assignment to a Court1.
The former is a matter falling with the region of Articles 233-234 of the Constitution (and rules made thereunder). The latter seems to fall under "control" within Article 235. We have, therefore, to examine whether section 90, which gives the power to the State Government, should be altered. Other sub-sections of section 9 also have to be examined, from this point of view.
1. Paras. 7 and 11 to 15, supra, and paras. 26-17, infra.