The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.

Debate Summary

Draft Article 209C (Article 235) was not part of the Draft Constitution of India, 1948. On 16th September 1949, the Chairman of the Drafting Committee proposed to insert the following as Draft Article 209C:

 

“The control over district courts and courts subordinate thereto including the Posting and promotion of, and the grant of leave to persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court but nothing in this article shall be construed as taking away from any such person the right of appeal which he, may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.”

 

The Draft Article vested powers in the High Court to control subordinate courts.

 

The Chairman stated that the proposal was in pursuance of the separation of powers doctrine, as it placed the civil judicial mechanism of a state under the control of the High Court rather than the executive. The Assembly accepted this proposal.

 

Another minor amendment was negatived. Draft Article 209C was adopted on 16th September, 1949.