Article 234 in Constitution of India
234. Recruitment of persons other than district judges to the judicial service
Appointment of persons other than district judges
Governor's
discretion in terms of Article 163 , the power conferred by
Article 234 and said Rule 7 was not exercisable through
subordinates under ... State within the
meaning of Article 154 read with Article 162.
Second, the Governor under Article 163 of the Constitution.
can take aid and advice
regarding
reservation under Article 16 sub-article (4), by analogy,
consultation of the High Court also under the very same
Article 234 would not permit ... deal with
Article 16 sub- article (4). In other words, question of
reservation is outside the ken of Article 234. Shri
Dwivedi, also in support
regarding
reservation under Article 16 sub-article (4), by analogy,
consultation of the High Court also under the very same
Article 234 would not permit ... deal with
Article 16 sub- article (4). In other words, question of
reservation is outside the ken of Article 234. Shri
Dwivedi, also in support
Legislature. The legislature while making an Act under Article 309 is not required even by Article 234 , to consult any one. The provision for consultation ... which includes Article 309. Article 309 is "subject to the other provisions of the Constitution", which means and includes Article 234. Article 234
lines, even after a notification under Article 237 the latter article would perform no function. In my judgment Article 237 has been enacted ... rule " mentioned in the article is merely a reference to a rule under Article 309 or whether Article 234 confers an independent rule-making
District Judges under Article 233 ,
recruitment of persons other than the District Judges to the Judicial
Services under Article 234 and also Control ... interpretation and role of Articles 233 to 235 of the Constitution to
safeguard the independence of the subordinate judiciary. Article 234
requires a meaningful consultation
without consulting the High Court of Himachal
Pradesh as required by Article 234 of the Constitution and
therefore they have no validity. The pleas raised ... exercise of the powers conferred by the provisio to
article 309 read with article 234 of the Constitution of
India and all other powers enabling
practice has been introduced.
5. The next Article is Article 235 which has been quoted above. This Article endows the High Court with complete jurisdiction ... envisaged under Article 235 except to the extent for regulating the condition of service. Comparatively, therefore, power to make rules under Article 234 is more
234 is only descriptive of what is found in Article 320. Under the said Article 234 the Governor has the power to decide without consulting ... independent of the consultation envisaged under Article 320. Even in the absence of Article 320 , Article 234 can independently operate. Therefore, the consultation envisaged under