Article 235 of the Costitution of India with Case law
Here is a detailed explanation of Article 235 of the Constitution of India, including its text, interpretation, and important case law:
🧾 Article 235 – Control over Subordinate Courts
🔹 Text of Article 235:
"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 the Governor of a State any functions which he had before the commencement of this Constitution with respect to the magistrates or any class or classes of magistrates in the State."
📌 Key Concepts and Interpretation
| Feature | Explanation |
|---|---|
| Control by High Court | High Courts have administrative control over district and subordinate courts. This includes: |
| — Posting | |
| — Transfer | |
| — Promotion | |
| — Disciplinary actions (including suspension/dismissal) | |
| — Grant of leave | |
| Not Governor’s Domain | Though the Governor had some powers pre-Constitution regarding magistrates, Article 235 removes judicial service control from the executive and places it in the judiciary. |
| Judicial Independence | Aims to ensure independence of the lower judiciary from political interference. |
⚖️ Important Case Law on Article 235
1. State of West Bengal v. Nripendra Nath Bagchi, AIR 1966 SC 447
Issue: Whether the High Court or State Government has control over disciplinary actions against subordinate judiciary.
Held: Supreme Court ruled that control under Article 235 includes disciplinary jurisdiction, even power to recommend dismissal.
Strengthened the position of the High Court as guardian of the subordinate judiciary.
2. Shamsher Singh v. State of Punjab, (1974) 2 SCC 831
Issue: Scope of Article 235 and executive involvement.
Held: The Governor acts on aid and advice of the Council of Ministers, but High Courts have exclusive control over judicial officers, including transfers and discipline.
3. High Court of Judicature at Bombay v. Shashikant S. Patil, (2000) 1 SCC 416
Issue: Whether the government could interfere in disciplinary proceedings initiated by the High Court.
Held: The High Court’s recommendations are binding, and executive cannot override the High Court's decisions regarding subordinate judiciary.
4. Registrar General, High Court of Madras v. R. Gandhi, (2014) 11 SCC 547
Reinforced the High Court’s primacy in matters of suspension, promotion, and posting of subordinate judges.
🧑⚖️ Practical Application of Article 235
The High Court monitors the performance of district and subordinate judges.
Transfers, suspensions, and promotions of civil judges, magistrates, and additional district judges fall under the High Court's purview.
The State Government cannot interfere in the day-to-day administration of subordinate courts' judicial personnel.
✅ Summary Table
| Feature | Details |
|---|---|
| Article Number | 235 |
| Applies To | District Courts and Subordinate Judiciary |
| Authority Vested In | High Court |
| Scope of Power | Posting, promotion, leave, suspension, disciplinary action |
| Judicial Independence | Ensures lower judiciary is free from executive interference |
| Important Cases | Nripendra Nath Bagchi (1966), Shamsher Singh (1974), Shashikant Patil (2000), R. Gandhi (2014) |
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