DRAFT CONSTITUTION 1029
“CHAPTER VIII
S UBORDINATE C OURTS
209A. (1) Appointments of persons to be, and the posting and promotion of, Appointment of district judges in any State shall be made by the Governor District Judges of the state in consultation with the High Court exercising jurisdiction in relation to such State.
(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed as district judge if he has been for not less than seven years as advocate or a pleader and is recommended by the High Court for appointment.
209B. Appointments of persons other than district judges to the judicial
service of a State shall be made by the Governor in Recruitment of other than district judges to the accordance with rules made by him in this behalf
Judicial service. after consultation with the State Public Service
Commission and with the High Court.
209C. The control over district courts and courts subordinate thereto including Control over sub- the posting and promotion of, and the grant of leave to, ordinate Courts 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.
209D. (1) In this chapter—
(a) the expression “district judge” includes judge of a city civil court, additional
Interpretation district judge, joint district judge, assistant district
judge, chief judge of a small cause court chief presidency
magistrate, additional chief presidency magistrate, sessions judge, additional
sessions judge and assistant sessions judge;
(b) the expression “judicial service “ means a service consisting exclusively
of persons intended to fill the post of district judge and other civil judicial posts
interior to the post of district judge.
209F. The Governor may by public notification direct that the foregoing provisions
Application of the of this Chapter and any rules made thereunder shall provisions of this Chapter with effect from such date as may be fixed by him in to certain classes of this behalf apply in relation to any class or classes of Magistrates. magistrates in the State as they apply in relation to
persons appointed to the judicial service of the State subject to such exceptions
and modifications as may be specified in the notification.’ ”
Sir, the object of these provisions is two-fold; first of all, to make provision for the appointment of district judges and subordinate judges and their qualifications. The second object is to place the whole of the civil judiciary under the control of the High Court. The only thing which has been excepted from the general provisions contained