AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 118

Chapter II

Recruitment to Subordinate Judiciary

2.1. Chapter VI in Part VI of the Constitution deals with subordinate courts. Article 233 provides that 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 States. Sub-Article (2) of Article 233 provides that a person not already in the service of the Union or of the State shall only be eligible to be appointed as district judge if he has been for not less than 7 years an advocate or pleader and is recommended by the High Court for appointment.

Article 234 provides for 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(s).

Article 235 provides that 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 a district judge shall be vested in the High Court. A conspectus of these articles would show that the subordinate judiciary would consist of a district judge and persons other than and subordinate to district judge.

Recruitment to the cadre of district judge can be made from two sources, viz., promotion from the subordinate judiciary and direct recruitment from the Bar. In the matter of promotion from the subordinate judiciary, power is conferred on the Governor to give promotion in consultation with the High Court exercising jurisdiction in relation to it.

In the matter of recruitment from the Bar, the appointment can be made on the recommendation of the High Court. Thus, the High Court has a preponderating voice in the matter of recruitment to the cadre of district judge, whereas power of making appointments vests in the Government.



Method of Appointments to Subordinate Courts, Subordinate Judiciary Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys