📜 Article 237 of the Indian Constitution
Title: Application of the provisions of this Chapter to certain classes of magistrates
🔹 Text Summary of Article 237:
Article 237 allows the Governor of a State, after consulting the High Court, to apply the provisions of Articles 233 to 236 (which deal with appointments and control of the judiciary) to persons holding the office of magistrates or similar judicial roles who were previously under the control of the executive.
🧠 Key Features:
| 🔑 Aspect | ✅ Details |
|---|---|
| Who gets the power? | Governor of the State |
| In consultation with? | High Court of that State |
| Purpose of the Article? | To bring magistrates/judicial officers under the judicial control (not executive) |
| Applies to whom? | Magistrates and similar officers who are not initially part of the “judicial service” |
| Which provisions apply? | Articles 233 to 236 can be made applicable by the Governor |
| Why needed? | To complete the separation of powers between the judiciary and the executive, especially in lower courts |
⚖️ Background & Purpose:
-
Before independence and even after 1950, executive magistrates handled both judicial and administrative duties.
-
Article 237 gives a constitutional path to transfer such powers to the judiciary, in line with the concept of independent judiciary.
📌 Example:
| 🧾 Before | 🧾 After Article 237 Applied |
|---|---|
| Magistrates under executive control | Brought under High Court's judicial supervision |
| No consultation with judiciary | Appointments, posting, and control require High Court consultation |
🔁 Related Articles:
| Article | Subject |
|---|---|
| 233 | Appointment of District Judges |
| 234 | Recruitment of lower judicial officers |
| 235 | High Court’s control over subordinate courts |
| 236 | Definitions: District Judge, Judicial Service |
| 237 | Brings certain magistrates under these articles |
🧠 In Simple Words:
Article 237 is like a bridge — it allows the Governor and High Court to bring some magistrates, who were earlier executive officers, under the independent judicial system.
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