constitutional
mandate prescribed under Article 233 of the Constitution of India.
Article 233 of the Constitution reads as under:
"233. Appointment of district judges ... service" under Article 233 (2) of the
Constitution. The expression "the service" occurring in
clause (2) of Article 233 came
Keshav Kaushik and Ors. (2013) 5 SCC 277 while interpreting Article 233(2) of the Constitution of India, the Supreme Court has held that expression ... past. The above qoted Rule 33 also is inconsonance with Article 233(2) of the Constitution.
5. The petitioner is admittedly in government service since
advertisement indicated in paragraph 4(iii) is
distinguishable from Article 233(2) of the Constitution, and as
such, the reliance placed by the High Court ... 2) of Article 233 can be interpreted in
the light of Explanations added to Articles 124 and
217. Article 233 is a self contained provision
Article 233 of the Constitution of India deals with
appointment of District Judges. Clause (1) of Article 233 provides
that, appointments of persons ... scope
of the constitutional provisions under Articles 233 and 235
relating to subordinate judiciary and held that, Articles 233 and
235 make a mention
Article 233 of the Constitution of India deals with
appointment of District Judges. Clause (1) of Article 233 provides
that, appointments of persons ... scope
of the constitutional provisions under Articles 233 and 235
relating to subordinate judiciary and held that, Articles 233 and
235 make a mention
neither Article 233 nor Article 234
contains any provision of being subject to any enactment by the appropriate
Legislature as we find in Articles ... constitutional mandate as provided under Article
16(1) and (4) qua Article 335 on the one hand and Articles 233 to 235 on
the other
neither Article 233 nor
Article 234 contains any provision of being subject to any
enactment by the appropriate Legislature as we find in Articles ... constitutional mandate as provided under Article
16(1) and (4) qua Article 335 on the one hand and Articles 233
Pranoy Roy vs State Of West Bengal & Ors on 16 April, 2015
Author: Joymalya
Apex Court has discussed and interpreted the provision of Article
21 of Constitution of India. The sum and substance of law laid
down ... cases reported as 1997 AIR SCW 233 [D.K.
Basu Vs. State of West Bengal ] and 1993 (2) SCC 746
[Nilabati Bahera alias Lauta Bahera
prohibits
W.P.No.2006/2015
2
framing of separate Rules in exercise of powers conferred
under Article 233 read with proviso ... 2(b) of the
Act. Accordingly, this contention deserves to be stated to be
rejected.
The second argument canvassed before us is that Article
233