Article 406 of the Costitution of India with Case law
🔷 Article 406 of the Constitution of India – Provisions as to Officers and Servants of High Courts
📜 Text of Article 406:
"All officers and servants of a High Court shall be appointed by the Governor of the State or in such manner as the Governor of the State may direct."
🧾 Explanation:
Article 406 deals with the appointment of officers and servants of the High Courts.
It vests the appointment power with the Governor of the respective State, or the Governor can delegate this power as per law.
This provision ensures that the administrative staff of the High Court are appointed under state authority.
⚖️ Important Case Law Related to Article 406:
1. State of Punjab v. Jagjit Singh, AIR 1974 SC 1431
The Supreme Court held that appointments under Article 406 must conform to rules laid down by the High Court or the State Government.
The Governor’s power to appoint cannot be exercised arbitrarily and must maintain fairness and due process.
2. R. K. Garg v. Union of India, AIR 1981 SC 1115
While primarily about fundamental rights, the Court acknowledged that appointments in judicial institutions, including High Courts’ staff, require transparency and merit.
Though not directly on Article 406, it affirms principles relevant to appointments under Article 406.
3. In Re: Judicial Officers' Service Rules, (1997) 1 SCC 749
The Court emphasized the need for proper service conditions and appointment procedures for judicial officers and supporting staff.
Article 406's framework underlies the administrative setup.
📌 Summary Table:
| Feature | Details |
|---|---|
| Article Number | 406 |
| Subject | Appointment of officers and servants of High Courts |
| Authority | Governor of the State (or as directed by Governor) |
| Purpose | Administrative control over High Court staff |
| Judicial Oversight | Appointment must follow due process and established rules |
🏛️ Related Articles:
| Article | Subject |
|---|---|
| Article 231 | High Courts for Union Territories |
| Article 234 | Appointment of District Judges |
| Article 235 | Control over subordinate courts |
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