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 17

a. 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.

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