📜 Article 233 of the Indian Constitution
Title: Appointment of District Judges
🔹 Text Summary of Article 233:
Article 233 deals with the appointment of District Judges in the State Judiciary. It lays down the process and eligibility criteria for such appointments and ensures coordination between the Governor and the High Court.
🧠 Key Provisions:
| 🔑 Aspect | ✅ Details |
|---|---|
| Who appoints District Judges? | The Governor of the State |
| Who must be consulted? | The High Court of the concerned State |
| Eligibility Criteria | - Must be in the judicial service of the State, or |
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Must have been an advocate/pleader for at least 7 years |
| Additional condition | Must be recommended by the High Court |
| Scope of Article | Applies to appointments, postings, and promotions of District Judges (not other civil judges) |
🏛️ Explanation:
-
Ensures checks and balances: The Governor can't act alone; High Court's opinion is mandatory.
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Only experienced legal professionals or existing judicial officers can be appointed.
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This keeps political interference in lower judiciary to a minimum.
📌 Important Terms:
| Term | Meaning |
|---|---|
| District Judge | A judge presiding over district courts, including sessions courts |
| Judicial service | Includes officers already working as civil judges, magistrates, etc. |
| Advocate | A practicing lawyer enrolled with a State Bar Council |
⚖️ Judicial Observations:
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🏛️ Chandramouleshwar Prasad v. Patna HC (1969): Supreme Court held that consultation with the High Court is mandatory and must be meaningful.
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🏛️ All India Judges’ Association Case (1993): SC emphasized merit and independence in judicial appointments.
🔁 Related Articles:
| Article | Subject |
|---|---|
| 233 | Appointment of District Judges |
| 234 | Recruitment of persons other than District Judges |
| 235 | Control of High Court over subordinate judiciary |
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