Subordinate Courts and District Judges
Q. The term District judge includes which of the following?
1) Assistant sessions judge.
2) Judge of a city civil court.
3) Additional chief presidency magistrate.
4) Chief Judge of a small cause court.- Published on 09 Mar 17a. 2, 3, 4
b. 1, 3, 4
c. 1, 2
d. All of the above
ANSWER: All of the above
Subordinate Courts -
- The state judiciary consists of a High Court and a hierarchy of subordinate courts (lower courts).
- The subordinate courts are subordinate to the State High Court.
- They function at district and lower levels.
Constitutional Provisions -
- Articles 233 to 237 in Part 6 of the Constitution have provisions to regulate the organization of subordinate courts and to ensure their independence from the executive.
Appointment of District Judges -
- The Governor makes the appointment, posting and promotion of district judges in a state in consultation with the High Court.
A person to be appointed as district judge should have the following qualifications -
1. He should not already be in the service of the Central or the State Government.
2. He should have been an advocate or a pleader for seven years.
3. He should be recommended by the High Court for appointment.
Appointment of other Judges -
- The Governor appoints persons (other than district judges) to the judicial service of a state after consultation with the State Public Service Commission and the High Court.
Control over Subordinate Courts -
- High Court controls the posting, promotion and leave of persons belonging to the judicial service of a state and holding any post inferior to the post of district judge for the district courts and other subordinate courts.
Interpretation -
The term ‘district judge’ includes -
1. judge of a city civil court;
2. additional district judge;
3. joint district judge;
4. assistant district judge;
5. chief judge of a small cause court;
6. chief presidency magistrate;
7. additional chief presidency magistrate;
8. sessions judge;
9. additional sessions judge; and
10. assistant sessions judge.
- The term ‘judicial service’ means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.
Application of the above Provisions to Certain Magistrates -
- The Governor may direct that the above mentioned provisions relating to persons in the state judicial service would apply to any class or classes of magistrates in the state.
