Article 235 of CoI : Article 235: Control over subordinate courts.

Explanation using Example

Example 1:

Scenario: A junior civil judge in the state of Maharashtra is seeking a promotion to the position of senior civil judge.

Application of Article 235: The High Court of Maharashtra has the authority to decide on the promotion of the junior civil judge. The High Court will review the judge's performance, qualifications, and other relevant factors before making a decision. If the junior civil judge feels that the decision made by the High Court is unfair, they have the right to appeal the decision as per the laws governing their service conditions.

Example 2:

Scenario: A magistrate in the state of Tamil Nadu applies for a three-month leave due to personal reasons.

Application of Article 235: The High Court of Tamil Nadu has the power to grant or deny the leave request of the magistrate. The magistrate must submit a formal leave application to the High Court, which will then consider the request based on the rules and regulations governing judicial service. If the magistrate believes that the leave decision is not in accordance with the service rules, they can appeal the decision through the appropriate legal channels.

Example 3:

Scenario: A district judge in Karnataka is responsible for overseeing the performance and conduct of subordinate judges in the district.

Application of Article 235: While the district judge has administrative responsibilities, the ultimate control over the subordinate judges, including their postings, promotions, and leave, rests with the High Court of Karnataka. The High Court ensures that all actions taken regarding subordinate judges are in line with the established service conditions and legal provisions. If a subordinate judge feels aggrieved by any decision, they can appeal as per the service regulations.

Example 4:

Scenario: A family court judge in Uttar Pradesh is transferred to another district within the state.

Application of Article 235: The High Court of Uttar Pradesh has the authority to transfer the family court judge to another district. The decision will be made based on administrative needs, the judge's performance, and other relevant factors. The judge has the right to appeal the transfer if they believe it violates the conditions of their service or is otherwise unjust, following the legal procedures in place for such appeals.