CAPF AC 2022 Q100: Indian Polity – Judiciary
- (a) They are appointed by the Chief Justice of the concerned High Court.
- (b) They are appointed by the President of India on the advice of the Chief Justice of the concerned High Court.
- (c) They are appointed by the Governor in consultation with the High Court of the concerned State.
- (d) They are appointed by the Supreme Court on the advice of the concerned High Court.
Answer: (c) They are appointed by the Governor in consultation with the High Court of the concerned State.
Explanation
Appointment of District Judges
How to think: district courts belong to the State.
So the appointing authority is the head of the State, the Governor.
But the High Court must be consulted, to keep the judiciary independent.
| Article | Provision |
|---|---|
| 233(1) | District Judges are appointed, posted and promoted by the Governor in consultation with the High Court |
| 233(2) | A person not already in service needs seven years as an advocate and the High Court's recommendation |
| 234 | Other judicial officers: Governor, after consulting the State Public Service Commission and the High Court |
| 235 | Control over subordinate courts lies with the High Court |
Answer: (c).
Why each option is right or wrong
- (a) Incorrect. The Chief Justice of the High Court is consulted but does not appoint.
- (b) Incorrect. The President appoints High Court and Supreme Court judges, not District Judges.
- (c) CORRECT. Under Article 233 the Governor appoints them in consultation with the High Court.
- (d) Incorrect. The Supreme Court has no role in appointing District Judges.
Key point
Articles 233 to 237: subordinate courts. District Judges: Governor in consultation with the High Court; 7 years as advocate for direct recruits. Control over district courts: High Court (Article 235).
Remember
District Judges: Governor + High Court (Article 233).
Common mistakes
- Giving the power to the President, who appoints only higher court judges.
- Thinking the High Court itself appoints District Judges.
- Mixing up Article 233 (District Judges) with Article 217 (High Court judges).
Exam tip
Educated guess: judges of State-level courts are appointed by the State's head, the Governor, just as judges of the higher courts are appointed by the President.
Sources
- Constitution of India — Articles 233, 234 and 235
- NCERT Class XI Political Science — Indian Constitution at Work, Chapter 6: Judiciary (subordinate courts)