Article 234 of the Costitution of India with Case law
🇮🇳 Article 234 of the Constitution of India
Subject: Recruitment of persons other than district judges to the judicial service of the State
🔹 Bare Text of Article 234:
“Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State.”
🔍 Explanation:
Scope:
Article 234 applies to appointments to the subordinate judiciary, except district judges (who are appointed under Article 233).
Appointing Authority:
The Governor of the State.
Mandatory Consultations:
The State Public Service Commission (PSC)
The High Court of the respective State
Judicial Service Includes:
Positions such as Civil Judges (Junior Division), Munsiffs, Magistrates, etc.
⚖️ Key Legal Principles:
| Point | Explanation |
|---|---|
| ✅ Consultation is mandatory | The High Court and PSC must be consulted before appointments. |
| ❌ Arbitrary Appointment | The Governor cannot appoint unilaterally. |
| 🏛️ High Court’s Role | Plays a crucial role in ensuring judicial independence during recruitment. |
🧑⚖️ Important Case Laws on Article 234:
🔸 1. Chandramouleshwar Prasad v. Patna High Court, AIR 1970 SC 370
Facts: Dispute over appointment of a subordinate judicial officer.
Held: Consultation with the High Court is not a formality. It must be effective and meaningful.
Significance: Reaffirmed the constitutional importance of the High Court in judicial appointments under Article 234.
🔸 2. Govind Kumar Srivastava v. State of Bihar, AIR 2001 SC 3434
Held: Appointment of a judicial officer without consulting the High Court is unconstitutional, even if the PSC was consulted.
Importance: Consultation with both PSC and High Court is essential and not interchangeable.
🔸 3. R.C. Chandel v. High Court of M.P., (2012) 8 SCC 58
Held: The High Court has a constitutional obligation to assess the suitability of candidates for judicial service and its advice cannot be ignored by the State.
🔸 4. State of Assam v. Ranga Muhammad, (1967) 1 SCR 454
Held: The purpose of consultation is to uphold the independence and integrity of the judiciary, which includes the lower judiciary.
🧾 Summary Table:
| Aspect | Detail |
|---|---|
| Applies to | Subordinate judiciary (below District Judge level) |
| Appointing Authority | Governor |
| Mandatory Consultations | High Court & State Public Service Commission |
| Objective | Maintain judicial independence & merit-based appointments |
| Violations | Appointment without consultation is unconstitutional |
🧭 Related Articles:
Article 233 – Appointment of District Judges
Article 235 – Control of High Court over subordinate courts
Article 236 – Interpretation of “judicial service” and “district judge”
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