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Q7 (IAS/2004) Polity & Governance › Judiciary › Subordinate judiciary structure Answer Verified

Consider the following statements: 1. The highest criminal court of the district is the Court of District and Sessions Judge. 2. The District Judges are appointed by the Governor in consultation with the High Court. 3. A person to be eligible for appointment as a District Judge should be an advocate or a pleader of seven years’ standing or more, or an officer in judicial service of the Union or the State. 4. When the Sessions Judge awards death sentence, it must be confirmed by the High Court before it is carried out. Which of the statements given above are correct?

Result
Your answer:  ·  Correct: D
Explanation

Statement 1 is supported by standard texts which state that the District Judge is the highest judicial authority in the district and, when dealing with criminal matters, acts as the Sessions Judge [2]. Statements 2 and 3 follow from constitutional and statutory practice: appointment of District Judges is made by the Governor in consultation with the High Court, and eligibility includes advocates/pleaders of seven years’ standing or officers of the judicial service. Statement 4 is a settled criminal procedure rule that a death sentence imposed by a Sessions Judge must be confirmed by the High Court before execution. Taken together, all four statements are correct.

Sources

  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 35: Subordinate Courts > STRUCTURE AND JURISDICTION > p. 364
  2. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 21: ORGANISATION OF THE JUDICIARY IN GENERAL > No Federal Distribution of Judicial Powers. > p. 336
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