What is Article 235 of Indian constitution
Article 235 of the Indian Constitution
Title: Control over subordinate courts
🔹 Text Summary:
Article 235 vests the High Court with full control over the subordinate judiciary (below the level of District Judge) in a State, except the power of initial appointment and posting of District Judges (which comes under Article 233).
🧠 Key Provisions and Powers under Article 235:
| 🔑 Aspect | ✅ Details |
|---|---|
| Who exercises the control? | The High Court of the respective State |
| Whom does it control? | All subordinate courts under its jurisdiction — Civil Judges, Magistrates, etc. |
| Type of control | Includes powers over: |
| ✔️ Discipline | |
| ✔️ Transfer | |
| ✔️ Posting | |
| ✔️ Promotion | |
| ✔️ Leave sanction | |
| Exclusion | Appointment of District Judges is under Article 233, not 235 |
| Purpose | To ensure an independent and accountable lower judiciary |
| High Court's role | Acts as the administrative head of the subordinate judiciary |
⚖️ Judicial Interpretation (Key Cases):
| 🏛️ Case | 🧠 What the Supreme Court held |
|---|---|
| Sankalchand Sheth Case (1977) | High Court’s power under Article 235 includes transfers without consent of the judge. |
| State of West Bengal v. Nripendra Nath Bagchi (1966) | Control includes disciplinary authority, and the executive cannot override HC decisions. |
| Shamsher Singh v. State of Punjab (1974) | High Court is the sole authority over service matters of subordinate judges. |
📌 Example of Powers under Article 235:
| Action | Done by High Court under Article 235? |
|---|---|
| Transfer of a Civil Judge to another district | ✅ Yes |
| Suspension of a Magistrate | ✅ Yes |
| Sanctioning leave to a Junior Judge | ✅ Yes |
| First-time appointment of District Judge | ❌ No (comes under Article 233) |
🔁 Related Articles:
| Article | Deals with |
|---|---|
| 233 | Appointment of District Judges |
| 234 | Recruitment of junior judicial officers |
| 235 | Administrative control over subordinate courts |
🧠 In Simple Words:
Article 235 makes the High Court the boss of all lower court judges, ensuring judicial independence and disciplinary standards in the State judiciary.
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