Actual Article
Article 233: Appointment of district judges
- 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 State.
- A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
UPSC Notes for Article 233
Explanation:
- Appointment of District Judges: Article 233 outlines the process for the appointment, posting, and promotion of district judges. These appointments are made by the Governor of the State but require consultation with the High Court that has jurisdiction over the state. This ensures a balanced and judicious selection process.
- Eligibility Criteria: To be eligible for appointment as a district judge, a person must meet specific criteria:
- Not Already in Service: The candidate should not already be in the service of the Union or the State.
- Experience as Advocate or Pleader: The candidate must have at least seven years of experience as an advocate or a pleader.
- Recommendation by High Court: The High Court must recommend the candidate for appointment.
Key Points:
- Consultative Process: The consultation with the High Court ensures that judicial appointments are made with due regard to merit and judicial competence, maintaining the quality and independence of the judiciary.
- Eligibility and Experience: The requirement of seven years of experience as an advocate or pleader ensures that appointees have substantial legal knowledge and practical experience before becoming district judges.
Important Cases and Commissions Related to Article 233
Cases:
- Chandra Mohan vs. State of Uttar Pradesh (1966): This case emphasized that the Governor must consult the High Court before appointing district judges, reinforcing the importance of judicial input in such appointments.
Commissions:
- Law Commission of India: May have reviewed the processes and criteria for judicial appointments, recommending measures to ensure transparency, efficiency, and the maintenance of high standards.
Important Reports Related to Article 233:
- National Judicial Appointments Commission: Although focused more broadly on judicial appointments, this commission’s findings and recommendations may indirectly affect the appointment process of district judges.
Previous Year Prelims Questions Related to Article 233
- (UPSC Prelims 2016) Who is responsible for the appointment of district judges in a state?
- A. The President of India
- B. The Chief Justice of India
- C. The Governor of the State in consultation with the High Court
- D. The Chief Minister of the State Correct Answer: C. The Governor of the State in consultation with the High Court
- (UPSC Prelims 2018) What is the minimum experience required as an advocate or pleader for a person to be eligible for appointment as a district judge?
- A. Five years
- B. Ten years
- C. Seven years
- D. Fifteen years Correct Answer: C. Seven years
Previous Year Mains Questions Related to Article 233
- Mains 2016: “Discuss the role of the High Court in the appointment of district judges as per Article 233. How does this ensure the quality of judicial appointments?”
- Mains 2019: “Evaluate the criteria for eligibility for appointment as a district judge under Article 233. How do these criteria contribute to the integrity and competence of the judiciary?”
Additional Insights:
- Ensuring Judicial Quality: Article 233 plays a crucial role in maintaining the quality of the judiciary at the district level, ensuring that judges appointed have the necessary experience and competence.
- Balancing Executive and Judicial Powers: By involving the High Court in the appointment process, the article balances the executive’s role with judicial oversight, promoting transparency and reducing the potential for partisan appointments.
Understanding Article 233 is crucial for UPSC aspirants as it provides insights into the appointment process of district judges, emphasizing the importance of experience, judicial consultation, and maintaining high standards within the judiciary. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms that ensure judicial integrity and competence.