Part VI - The States • Article

Article 235 Simplified: Control over subordinate courts

Article 235 vests complete control over the subordinate judiciary in the High Court. This includes postings, promotions, leave, and disciplinary powers over all judicial officers below the rank of district judge, while preserving their statutory rights of appeal and conditions of service.

Official Text

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 or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.

Simple Meaning

Explain Like Ten

Once a person is hired as a judge, the state government cannot boss them around, promote them, or fire them. Only the High Court has the power to transfer them, give them leaves, or take disciplinary action if they do something wrong. This keeps them completely independent from politicians.

Student Mode

Article 235 vests the High Court with absolute control over the subordinate judiciary (including postings, promotions, leave, and discipline of officers below district judge). This is a vital constitutional shield that separates the judiciary from executive interference, though it preserves the officers' statutory rights of appeal.

Example

If a district magistrate or junior civil judge in Maharashtra is accused of misconduct, the state government cannot suspend them directly. The Bombay High Court alone possesses the disciplinary power under Article 235 to conduct an inquiry, suspend the officer, or recommend dismissal to the Governor.

Key Takeaway

Article 235 protects subordinate judges from executive overreach by placing their career administration and discipline entirely under the High Court's control.

FAQs

Can the state executive suspend a subordinate judge?

No. The disciplinary control is vested exclusively in the High Court. The state government can only issue formal orders (like dismissal) based on the High Court's binding recommendation.

What does 'control' in Article 235 include?

It includes postings, promotions, grant of leave, transfers, and disciplinary actions such as suspension and censure.

Are the conditions of service of subordinate judges protected under Article 235?

Yes, the High Court's control must be exercised in accordance with their conditions of service, preserving their rights of appeal under state laws.