Article 237 of the Costitution of India with Case law
Article 237 of the Constitution of India
— Application of the provisions of this Chapter to certain classes of magistrates
📜 Text of Article 237:
"The Governor may direct that the provisions of this Chapter (Chapter VI – Subordinate Courts) and any rules made thereunder shall apply to any class or classes of magistrates in the State as they apply in relation to persons appointed to the judicial service of the State."
🧾 Breakdown & Key Points:
Article 237 gives power to the Governor of a State to extend the provisions of Chapter VI of the Constitution (which deals with subordinate judiciary) to certain classes of magistrates.
These magistrates may not originally fall under the judicial service, but the Governor can bring them within that framework.
The aim is to bring uniformity and integrate executive magistrates into the judicial structure, when necessary.
📚 Context – Chapter VI (Subordinate Courts):
Chapter VI includes Articles 233 to 237 and deals with:
Recruitment of district judges (Article 233)
Appointment of judicial service members (Article 234)
Control over subordinate courts (Article 235)
Article 237 acts as a bridging provision, empowering the Governor to ensure these constitutional principles can be extended to relevant magistrates.
⚖️ Important Case Laws Related to Article 237:
🧑⚖️ 1. Rajendra Singh Verma v. Lt. Governor (NCT of Delhi)
Citation: (2011) 10 SCC 1
Issue: Appointment of magistrates and whether proper consultation with the High Court was followed.
Relevance to Article 237:
Stressed the importance of applying judicial safeguards to magistrates when brought under judicial service.
Governor’s directions under Article 237 must align with judicial independence.
🧑⚖️ 2. State of Assam v. Ranga Muhammad
Citation: AIR 1967 SC 903
Facts: Executive magistrates were performing judicial functions.
Held:
There must be clear distinction between executive and judicial powers.
Article 237 allows shifting certain executive magistrates to judicial control, but it must be done formally and legally.
Significance: Prevents arbitrary exercise of judicial powers by executive officers.
🧑⚖️ 3. Ajaib Singh v. Gurbachan Singh
Citation: AIR 1954 SC 264
Relevance: Interpreted constitutional safeguards in judicial appointments.
Linked Concept: When Article 237 is invoked, the safeguards under Articles 233–235 must also apply.
🧠 Key Takeaways:
| Element | Description |
|---|---|
| Who has the power? | Governor of the State |
| What can be done? | Extend provisions of Chapter VI to classes of magistrates |
| Goal | Bring uniformity in judicial functioning, uphold independence of judiciary |
| Conditions | Must be in consultation with High Court (implied through Art. 233–235) |
| Subject to review? | Yes, courts can review improper classification or overreach |
✅ Summary Table:
| Feature | Article 237 |
|---|---|
| Applies to | Classes of magistrates (e.g., executive magistrates) |
| Power Given To | Governor of the State |
| Purpose | Integrate such magistrates into judicial service framework |
| Related Articles | 233 to 236 (Chapter VI – Subordinate Courts) |
| Case Law Support | Ranga Muhammad, Rajendra Singh Verma |
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