Actual Article
Article 235: Control over subordinate courts
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 any such person any right of appeal which he may have under the law regulating the conditions of his service.
UPSC Notes for Article 235
Explanation:
- Control by High Court: Article 235 vests the control over district courts and subordinate courts in the High Court. This includes the authority over postings, promotions, and leave of judicial officers below the rank of district judge.
- Judicial Independence: This provision ensures that the judiciary maintains control over its own administrative matters, promoting independence from the executive branch.
- Right of Appeal: The article safeguards the rights of judicial officers by ensuring they retain their right to appeal under the laws regulating their service conditions.
Key Points:
- Administrative Control: The High Court’s control over subordinate courts ensures consistent and fair administrative practices across the judicial hierarchy.
- Judicial Oversight: This provision empowers the High Court to maintain standards, discipline, and efficiency within the judiciary, ensuring that lower courts operate smoothly and effectively.
- Protection of Rights: Judicial officers have the right to appeal against administrative decisions, ensuring checks and balances within the judicial administrative system.
Important Cases and Commissions Related to Article 235
Cases:
- State of West Bengal vs. Nripendra Nath Bagchi (1966): This case clarified that the control vested in the High Court under Article 235 is comprehensive and includes disciplinary control over subordinate judiciary.
Commissions:
- Law Commission of India: May have reviewed the administrative control exercised by High Courts over subordinate judiciary, suggesting improvements to enhance judicial efficiency and accountability.
Important Reports Related to Article 235:
- Administrative Reforms Commission: Could have examined the impact of High Court’s administrative control on the functioning of subordinate courts, recommending measures to optimize judicial administration.
Previous Year Prelims Questions Related to Article 235
- (UPSC Prelims 2016) Who has control over the district courts and subordinate courts in a state according to Article 235?
- A. The Chief Minister
- B. The Governor
- C. The High Court
- D. The State Public Service Commission Correct Answer: C. The High Court
- (UPSC Prelims 2018) What does Article 235 provide for judicial officers below the rank of district judge?
- A. Control over postings and promotions by the state government
- B. Control by the Chief Justice of India
- C. Control over postings, promotions, and leave by the High Court
- D. Control by the State Legislative Assembly Correct Answer: C. Control over postings, promotions, and leave by the High Court
Previous Year Mains Questions Related to Article 235
- Mains 2016: “Discuss the significance of Article 235 in ensuring the administrative control of High Courts over subordinate courts and its impact on judicial independence.”
- Mains 2019: “Evaluate the role of High Courts in maintaining the standards and discipline of subordinate judiciary as provided under Article 235.”
Additional Insights:
- Maintaining Judicial Standards: Article 235 empowers High Courts to maintain high standards of judicial conduct and performance within subordinate courts, ensuring a cohesive and well-functioning judicial system.
- Balancing Control and Rights: While the High Court has control over administrative matters, the article also ensures that judicial officers retain their right to appeal, promoting fairness and accountability within the judicial system.
Understanding Article 235 is crucial for UPSC aspirants as it provides insights into the administrative framework of the judiciary, emphasizing the role of High Courts in maintaining the efficiency and integrity of subordinate courts. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms that ensure judicial independence and accountability.