Articles 234 and 235 of the Constitution of India: Judicial Service Recruitment and High Court Control

Articles 234 and 235 form part of Chapter VI of Part VI of the Constitution, dealing with subordinate courts. Article 234 governs recruitment of persons other than district judges to a State judicial service, while Article 235 vests control over district courts and courts subordinate to them in the High Court.

Article 234Recruitment below the district judge level is made by the Governor under rules framed after consultation with the State Public Service Commission and the jurisdictional High Court.

Article 235Control over district courts and subordinate courts, including specified service matters of judicial officers below district judge, is vested in the High Court, subject to service-law protections stated in the Article.

Article 234: Recruitment of persons other than district judges to the judicial service

Article 234 lays down the constitutional procedure for appointment of persons, other than district judges, to the judicial service of a State. The appointing authority is the Governor of the State, but appointments must be made in accordance with rules framed for that purpose after consultation with both the State Public Service Commission and the High Court exercising jurisdiction over the State.

Constitutional text in substance

Appointments to the State judicial service below the district judge level are made by the Governor in accordance with the applicable rules, after the constitutionally required consultation with the State Public Service Commission and the High Court.

What Article 234 means

The provision creates a constitutional recruitment framework for the subordinate judicial service. It separates these appointments from the special procedure for district judges under Article 233. The expression "judicial service" is defined in Article 236 as a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to that post.

Article 235: Control over subordinate courts

Article 235 vests control over district courts and courts subordinate to them in the High Court. The constitutional text expressly includes posting, promotion and grant of leave in relation to persons belonging to the State judicial service and holding posts inferior to the post of district judge.

Service-law safeguard

The High Court's control does not take away a judicial officer's right of appeal available under the law regulating conditions of service, and it does not authorise treatment contrary to service conditions prescribed by such law.

Purpose and constitutional significance

Article 235 places institutional control of the subordinate judiciary with the High Court. Read with Articles 233, 234 and 236, it forms part of the constitutional structure governing appointment, administration and control of the State subordinate judiciary.

Difference between Articles 234 and 235

Article 234 primarily concerns entry into the State judicial service below the district judge level and specifies the authorities involved in recruitment. Article 235 concerns control after appointment, placing administrative control over district and subordinate courts with the High Court while preserving applicable statutory service protections.

Related constitutional provisions

For the surrounding constitutional scheme, see Articles 233 and 233A on district judges and Articles 236 and 237 on interpretation and application to magistrates.

Official text and legal resources

The current official text of the Constitution can be checked on the Legislative Department, Ministry of Law and Justice and India Code.

Note: This page is an explanatory legal information article. For recruitment rules, service conditions, notifications and current judicial-service requirements, the applicable State rules and official High Court or State Government notifications should also be consulted.