Railway
Appointments of persons other than district judges to the judicial service of a state are made by the:
Answer (Detailed Solution Below)View answer ▾Hide ▴
Answer: Option B — Governor of the state
Detailed Solution
Under Article 234, appointments of persons other than district judges to the judicial service of a state are made by the Governor of the state in accordance with rules made by him, after consultation with the State Public Service Commission and the High Court.
Judicial service of a state:
It consists of persons appointed to posts below that of district judge, such as civil judges, judicial magistrates and munsiffs.
Appointment of district judges (Article 233):
- District judges are appointed by the Governor in consultation with the High Court.
- A person who is not already in the service of the Union or the state can be appointed a district judge if he has been an advocate or pleader for at least seven years and is recommended by the High Court.
Recruitment:
In most states, judicial officers at the entry level are recruited through competitive examinations conducted by the State Public Service Commission or the High Court.
All India Judicial Service:
Article 312, as amended by the 42nd Amendment, allows Parliament to create an All India Judicial Service, but it has not been set up so far.
Why the High Court is consulted:
- Consultation with the High Court ensures that only qualified and suitable persons are appointed.
- The Supreme Court has held that the High Court's opinion has primacy in such appointments.
Article 237:
The Governor can apply these provisions to magistrates in the state by public notification.
Hierarchy of courts in a district:
- District and Sessions Judge at the top.
- Below are civil judges (senior and junior divisions) and judicial magistrates.
Why not the other options?
- ✗The Chief Justice of the High Court is consulted but does not make the appointment.
- ✗The State Public Service Commission is consulted.
- ✗The Chief Minister has no direct role.
Quick tip
Remember: Appointment of judicial officers below district judges = Governor, after consulting the State PSC and the High Court (Article 234).
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Judiciary — Preparation
This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.