Control of the High Court over Subordinate Courts (Article 235)

At a Glance

• What it is The High Court’s administrative and judicial control over lower courts
• Article Article 235
• Covers Posting, promotion, leave, transfer and discipline
• Also Appellate, supervisory and withdrawal powers
• Exam link UPSC Prelims, Polity: Subordinate Courts

Where Does It Fit?

This is the third topic of the category on Subordinate Courts. The control over district courts and other subordinate courts, including the posting, promotion and leave of persons belonging to the judicial service holding any post inferior to that of district judge, is vested in the High Court.

What Article 235 Provides

Article 235 vests in the High Court the control over district courts and other subordinate courts, including the posting, promotion and grant of leave of persons belonging to the judicial service of a state and holding any post inferior to the post of district judge. This is an important safeguard for the independence of the lower judiciary because the officers are controlled by the High Court and not by the executive. For district judges, posting and promotion are made by the Governor in consultation with the High Court, as Article 233 provides.

Administrative Control

A High Court has administrative control and other powers over subordinate courts in addition to its appellate and supervisory jurisdiction:

1. It is consulted by the Governor in the appointment, posting and promotion of district judges and in the appointments of persons to the judicial service other than district judges.
2. It deals with the posting, promotion, grant of leave, transfers and discipline of members of the judicial service other than district judges.
3. It can withdraw a case pending in a subordinate court if the case involves a substantial question of law requiring interpretation of the Constitution. It can then dispose of the case itself, or determine the question of law and return the case to the subordinate court with its judgment.
4. Its law is binding on all subordinate courts functioning within its territorial jurisdiction, in the same sense as law declared by the Supreme Court binds all courts in India.

Supervisory and Appellate Powers

The High Court has the power of superintendence over all courts and tribunals within its territory, except military courts or tribunals (Article 227). It can call for returns, make general rules and prescribe forms for regulating practice and proceedings, prescribe forms for books and accounts and settle fees payable to sheriffs, clerks and legal practitioners. This power is very broad because it extends to all courts and tribunals whether or not they are subject to its appellate jurisdiction, covers both administrative and judicial superintendence, is revisional and can be exercised on its own motion. But it is an extraordinary power and used sparingly, in cases of excess of jurisdiction, gross violation of natural justice, error of law, disregard of the law of superior courts, perverse findings and manifest injustice.

The High Court is also the court of appeal from the subordinate courts. First appeals from district courts and other subordinate courts lie to it on law and fact; second appeals lie on questions of law only. It is a court of record that can punish contempt of subordinate courts, though no High Court will take cognisance of contempt of a subordinate court where it is also an offence under the Indian Penal Code.

Judicial Independence Linkage

Together these provisions place the lower judiciary under the supervision of the High Court, so that the executive cannot influence the day-to-day careers of the district and lower judges. This serves the Directive Principle on separation of the judiciary from the executive and is regarded as an essential part of a free and independent justice system.

Why Is This Topic Important?

• High Court powers Control and superintendence are common questions
• Link to Article 227 Superintendence over tribunals
• Separation of powers Independence of the lower judiciary

What Came Next?

The next topic covers the structure of the subordinate judiciary.

Key People and Terms

• Control Administrative authority over posting and promotion
• Superintendence General supervision of courts
• Revisional jurisdiction Power to revise lower court orders
• Suo motu On its own
• Binding precedent Law that lower courts must follow

Exam Corner

Mains Angle

Questions on this topic usually ask how the lower judiciary is insulated from the executive. Use these points to add depth.

• Insulation Control by the High Court
• Supervisory role Article 227
• Constitutional questions Withdrawal of cases
• Hierarchy Precedents bind