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Judicial Service and Article 309 of the Constitution

By Ram Gopal Chaturvedi

Published In

Air 1966

The term Judicial Service is not a synonym for judiciary and while the latter includes the former, it is not the vice versa. The latter denotes the hierarchy of courts with the Supreme Court at the apex but the former has been defined under Art. 236 to mean a service consisting exclusively of persons intended to fill the post of district judges and other civil judicial posts inferior to the post of district judge. The appointment and the tenure of and removal from office and the salary, leave pension etc. admissible to the Hon'ble Judges of the Supreme Court and of the High Courts being specially provided for elsewhere in the Constitution, they are totally immune from the application of Chapter I of Part XIV consisting of Arts. 308 to 314 dealing with Services under the Union or the State. The appointment of persons to the Judicial Service is also specially provided for under Chapter VI of Part VI of the Constitution consisting of Arts. 233 to 237. This special provision is ....

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