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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.