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Judicial Service

Autor:   •  November 26, 2018  •  1,616 Words (7 Pages)  •  418 Views

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Quota for direct recruitment

The constitution of India though provides direct recruitment as one of the sources of appointment to the sources of appointment to the cadre of district judges, has not prescribed any fixed quota for it. This was determined by the Supreme Court in All India Judges Association (III) v. UOI. Relying on Justice Shetty Commission’s recommendations, SC directed that the quota for direct recruitment shall be fixed at 25% of the posts in the cadre of district judges.

Consultation with the High Court

- Object of consultation with the High Court

The object underlying this provision is to secure and maintain independence of the subordinate judiciary. The High Court would be the best judge of the requirements of proper and efficient judicial administration.

Haridat v. state of H.P : High Court is expected to have superior knowledge in regard to suitability of a person belonging either to the judicial service or to the bar to be appointed as a district judge.

- Manner of consultation with the High Court

State of J & K v. A.R. Zakki : While considering the recommendations of the High Court the state government would proceed on the basis that in such matters the opinion of the High Court is entitled to the highest regard.

- Consultation must be with the full court:

State of U.P v. Batuk Dev Pati Tripathi : administrative power vested in a body of persons can for such effective exercise of such powers be exercised by some of them acting on behalf of all.

This was endorsed by the Supreme Court in High Court of Judicature for Rajasthan v. P.P. Singh. It was held that where the rule required for holding the meeting of the full court, the chief justice has the requisite jurisdiction to constitute a committee for the purpose of considering the case eligible judicial officer, and once the report of the committee is placed before the full court and approved by it, the recommendations of the committee would become the decision of the court. A meeting of the judges having requisite quorum as contemplated under rule 29 would amount to meeting of the full court satisfying the requirement of rule 15 for consulting all the judges and non-attendance of some of them at the meeting would not vitiate its resolution.

Power of the Government to frame recruitment rules

State of Bihar v. Bal Mukhand Sah : If any person is appointed in the judicial service of the state by the governer in exercise of his rule making power u/a 309, and any vacancy arises therein in respect of that post by retirement or otherwise by non-availability of that incumbent due to any other reason, such available vacancy has to be filled in only after following the procedure laid down by articles 233 and 234 of the constitution and cannot be subjected to any other procedure.

Transfer of District Judges

The power of transfer of district judges obviously falls within the power of ‘control over the district judges’ which is vested with the High Court by virtue of article 235.

In Chandra Mohan v. State of U.P: Uttar Pradesh Judicial Service rules which provided for appointment of district judges by a committee comprising of two judges of the High Court and the judicial secretary to government contravened article 233 as the consultation wth the high court is interpreted as consultation with the full court was dispensed with. Consequently, the appointments made under the rules were also set aside. In order to save the appointments made and the judgments, orders and decrees passed by such incumbents, article 233-A was introduced by the 20th amendment to the constitution.

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