Supreme Court. The Petitioner further
submitted that on conjoint reading of Articles 234 and 309 of the
Constitution of India, the Government Resolution dated ... Article 309 of the
Constitution of India expressly provides that same is subject to the
provisions of the Constitution. Therefore, it is Article 234 which
Rules of 1994 have been framed by invoking powers conferred by
Article 234 r/w proviso to Article 309 of Constitution of India to govern ... fountainhead of powers behind the Rules of 1994 is Article 234
of Constitution which is reproduced below for ready reference and
convenience:-
"234. Recruitment
Constitution ( articles
233 to 237). it was provided in article 312(4) that consequential changes' or
amendments in any of the aforementioned articles because ... amendment of the Constitution for the purposes of article 368. Article
3l2(3) restricts the power of the Parliament, while enacting a law for setting
matter of an earlier decision, is rejected.
Re : Question (ii) :
11. Article 234 of the Constitution requires appointments to the Judicial
Service of a State ... Governor of Uttar Pradesh in exercise of powers conferred by Article 234
and Article 309 of the Constitution, in consultation with the Commission
Constitution deals with Subordinate Courts. While Article
233 relates to the recruitment to the District Judges, Article 234
relates to the recruitment of members ... State other than District Judges. The power of appointment under
Article 234 does not include the power to confirm the promotion of
judicial officers other
post can be made only by His Excellency, the Governor, under Article 234 of the
Constitution of India and the State Government cannot issue Notification ... meant for those who are already in
service in view of Article 234 of the Constitution, even in that case, there was no
justification
High
Court and therefore, must be regarded as complying with
Article 234 of the Constitution. Further, there is nothing
in the Punjab Civil Service (Judicial ... notification dated 18th August, 1975, * *
* in exercise of the powers under Article 234 of the
Constitution besides other provisions, Rule 7 was
substituted by another
State Of Kerala vs M. K. Krishnan Nair & Ors.Andk. ... on 14 February, 1978
service from the executive service. This Court considered the
provisions of Articles 234 , 235 , 236 and 237 and observed that there
are two sources ... therein would be made clear:
We have already extracted Art. 233.
Article 234. Appointments of persons other than district
judges to the judicial service
briefly the Madras Rules) were framed on
October 6, 1953 under Article 234 read with Article 309 of
the Constitution. These Rules came into effect ... were induced
into the Civil Judiciary in the manner prescribed under
Article 234 of the Constitution. By the same order it was
provided that
