Article 235 of the Indian Constitution deals with the control and supervision of subordinate courts by the High Courts. It is an important provision that ensures the independence and efficiency of the judicial system in India. This article grants the High Courts the power to exercise administrative control over the lower courts within their respective jurisdictions.

Understanding Article 235

Article 235 states that the control over district courts and other subordinate courts is vested in the High Courts. It empowers the High Courts to oversee the functioning of these lower courts and ensure their proper administration. The primary objective behind this provision is to maintain the integrity and independence of the judiciary.

Under Article 235, the High Courts have the authority to:

1. Appoint, promote, and transfer district judges and other judicial officers
2. Exercise disciplinary control over subordinate judicial officers
3. Prescribe rules and procedures for the subordinate courts
4. Inspect and supervise the lower courts

Importance of Control over Subordinate Courts

The control over subordinate courts is crucial for the effective functioning of the judicial system. It ensures uniformity and consistency in the administration of justice throughout the country. Here are some key reasons why this control is important:

1. Maintaining Judicial Independence

By vesting control in the High Courts, Article 235 helps safeguard the independence of the judiciary. It ensures that the lower courts are not influenced or manipulated by external forces, including the executive or legislative branches of the government. This independence is essential for upholding the rule of law and protecting the rights of individuals.

2. Ensuring Efficient Court Administration

The High Courts, through their control over subordinate courts, play a vital role in ensuring the efficient administration of justice. They have the power to appoint, promote, and transfer judicial officers, which helps in maintaining a competent and skilled judiciary. Additionally, the High Courts can prescribe rules and procedures for the functioning of the lower courts, leading to a more streamlined and effective judicial process.

3. Upholding Judicial Accountability

Article 235 also serves as a mechanism for ensuring judicial accountability. The High Courts have the authority to exercise disciplinary control over subordinate judicial officers, which includes taking action against those who engage in misconduct or malpractice. This accountability is crucial for maintaining public trust and confidence in the judiciary.

Challenges and Controversies

While Article 235 provides a framework for the control over subordinate courts, there have been certain challenges and controversies surrounding its implementation. Some of these include:

1. Interference by the Executive

There have been instances where the executive branch of the government has attempted to interfere in the functioning of the judiciary, particularly in the appointment and transfer of judges. This interference undermines the independence of the judiciary and goes against the spirit of Article 235.

2. Delay in Judicial Appointments

Another challenge is the delay in the appointment of judges to the lower courts. This can lead to a backlog of cases and a strain on the judicial system. The timely appointment of competent judges is essential for the effective functioning of the subordinate courts.

3. Inadequate Infrastructure and Resources

Many subordinate courts in India face issues of inadequate infrastructure and resources. This hampers the efficient administration of justice and affects the overall functioning of the judiciary. It is important to address these challenges to ensure the proper implementation of Article 235.

Conclusion

Article 235 of the Indian Constitution plays a crucial role in maintaining the independence and efficiency of the judicial system. By granting control over subordinate courts to the High Courts, it ensures uniformity, accountability, and effective administration of justice. However, challenges such as interference by the executive and delays in judicial appointments need to be addressed to fully realize the objectives of this provision. A well-functioning judiciary is essential for upholding the rule of law and protecting the rights of individuals in a democratic society.