26. Subordinate Court and Tribunals

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 Courts. 3. A person to be eligible for appointment as a District Judge should be an advocate or a pleader of seven year's standing or more, or State. 4. When the Sessions Judge awards death sentence, it must be confirmed by the High Court before it is carried out. Which of these statements given above are correct?

• 1 and 2

• 2, 3 and 4

• 1 and 3

• 1, 2, 3 and 4

Answer explanation

Article 233 of the Constitution is regarding appointment of District Judge. Article 233(1) asserts that the appointments of persons to be and the posting and promotion of District Judges in any State shall be made by the Governor of the State in consultation with the High Court. Article 233(2) asserts that a person not already in the service of the Union or of the State shall only be eligible to be appointed a District Judge, if he has been for not less than seven years an advocate. The highest court in each district is that of the District and Sessions Judge. This is the principal court of civil jurisdiction. This is also a court of Sessions. Sessions triable cases are tried by the Sessions Court. It has the power to impose any sentence including capital punishment (death sentence) but it must be confirmed by the High Court before it is carried out. Hence all four statements are correct.

The term District Judge is mentioned in which of the following Article of the Constitution?

• Article 230

• Article 231

• Article 232

• Article 233

Answer explanation

Article 233 of the Constitution is regarding appointment of District Judge. Article 233(1) asserts that the appointments of persons to be and the posting and promotion of District Judges in any State shall be made by the Governor of the State in consultation with the High Court. Article 233(2) asserts that a person not already in the service of the Union or of the State shall only be eligible to be appointed a District Judge, if he has been for not less than seven years an advocate. The highest court in each district is that of the District and Sessions Judge. This is the principal court of civil jurisdiction. This is also a court of Sessions. Sessions triable cases are tried by the Sessions Court. It has the power to impose any sentence including capital punishment (death sentence) but it must be confirmed by the High Court before it is carried out. Hence all four statements are correct.

The District and Session both judges work directly under the control of

• District Collector

• Governor of State

• Law Minister of State

• High Court of the State

Answer explanation

Under Article 235 of the Constitution, both the District and Sessions Judges work under the control of the High Court of the State. In addition, the posting, promotion and discharge of persons of the judicial service of the State and persons holding any office from the post of District Judge, etc., are vested with the High Court.

Which one of the following writs examines the functioning of subordinate courts?

• Quo Warranto

• Mandamus

• Certiorari

• Habeas Corpus

Answer explanation

Certiorari is a writ issued by a superior court for the re-examination of an action of a lower court. Certiorari is also issued by an appellate court to obtain information on a case pending before it.

According to Constitution of India, the term ‘District Judge’ shall not include

• Chief Presidency Magistrate

• Session Judge

• Tribunal Judge

• Chief Judge of a small cause court

Answer explanation

According to Article 236(a) of the Constitution, the expression District Judge includes Judge of a city civil court, additional District Judge, Joint District Judge, Assistant District Judge, Chief Judge of a small cause court, Chief Presidency Magistrate, Additional Chief Presidency Magistrate, Sessions Judge, Additional Sessions Judge and Assistant Sessions Judge. Hence Tribunal Judge is not included in the term of District Judge.

ccording to Article 236(a) of the Indian Constitution, the expression "District Judge" includes_____.

(a) Judge of a city civil court, Additional district Judge, Join district judge, Assistant district judge.

(b) Chief Judge of a small cause court.

(c) Chief presidency magistrate, Additional chief presidency magistrate.

(d) Sessions judge, Additional sessions Judge and assistant session’s judge.

Choose the correct answer from options given below:

• A, C and D

• A, B and D

• B and C only

• All of the above

Answer explanation

According to Article 236(a) of the Constitution, the expression District Judge includes Judge of a city civil court, additional District Judge, Joint District Judge, Assistant District Judge, Chief Judge of a small cause court, Chief Presidency Magistrate, Additional Chief Presidency Magistrate, Sessions Judge, Additional Sessions Judge and Assistant Sessions Judge. Hence Tribunal Judge is not included in the term of District Judge

With reference to the 'Gram Nyayalaya Act', which of the following statements is/are correct?

1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.

2. The Act allows local social activists as mediators/reconciliatory.

Select the correct answer using the code given below

• 1 only

• 2 only

• Both 1 and 2

• Neither 1 nor 2

Answer explanation

Gram Nyayalayas Act, 2008 extends to the whole of India except Jammu and Kashmir, Nagaland, Arunachal Pradesh, Sikkim and to the tribal areas. According to Gram Nyayalayas Act, 2008, Gram Nyayalaya shall exercise both civil and criminal jurisdiction. Hence statement 1 is incorrect. The Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose; it shall make use of the conciliators to be appointed for this purpose. Hence statement 2 is correct.

With reference to the Consumer Disputes Redressal at district level in India, which one of the following statements is not correct?

• A State Government can establish more than one District Forum in a district if it deems fit

• One of the members of the District Forum shall be a woman

• The District Forum entertains the complaints where the value of goods or services does not exceed rupees fifty lakhs

• A complaint in relation to any goods sold or any service provided may be tiled with a District Forum by the State Government as a representative of the interests of the consumers in general

Answer explanation

The Consumer Protection Act, 1986 is a social legislation that lays down the rights of the consumers and provides promotion and protection of the rights of the consumers. To provide inexpensive, speedy and summary redressal of consumer disputes, quasi-judicial bodies have been set up in each district, State and at the National level called the District Forums, the State Consumer Disputes Redressal Commissions and the National Consumer Disputes Redressal Commission respectively. Each District Forum is headed by a person who is or has been or is eligible to be appointed as a District Judge, two other members having sound knowledge of law, economics, commerce, public affairs etc and one of them must be woman. A State Government can establish more than one District Forum in a district, if it deems fit. The provisions of this Act cover ‘goods’ as well as ‘services

A written complaint can be filed before the District Consumer Forum for pecuniary value of up to rupees twenty lakh, before State Commission for value up to rupees one crore and before the National Commission for value above rupees one crore in respect of defects in goods and or deficiency in service. Hence statement (c) is not correct.

With reference to National Legal Services Authority, consider the following statements:

1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.

2. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country.

Which of the statements given above is/are correct?

• 1 only

• 2 only

• Both 1 and 2

• Neither 1 nor 2

Answer explanation

The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free legal services to the weaker sections of the society. The Chief Justice of India is the Patron-in-Chief of National Legal Services Authority and the senior most Judge of the Supreme Court is the Executive Chairman of the Authority. The principal objective of NALSA is to provide free and competent legal services to the weaker sections of the society and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities and to organize Lok Adalats for amicable settlement of disputes. Spreading legal literacy and awareness, undertaking social justice litigations etc are other objectives of NALSA. NALSA works in close coordination with the various State Legal Services Authorities, District Legal Services Authorities and other agencies for a regular exchange of relevant information, monitoring and updating on the implementation and progress of the various schemes

In India, legal service authorities provide free legal services to which of the following type of citizens?

1. Person with an annual income of less than Rs 1,00,000

2.Transgender with an annual income of less than Rs 2,00,000

3. Member of other backward classes(OBC) with an annual income of less than Rs 3,00,000 4. All senior citizens

Select the correct answer using the given code below

• 1 and 2 only

• 3 and 4 only

• 2 and 3 only

• 1 and 4 only

Answer explanation

As per the Legal Services Authorities Act, 1987, following are entitled to free legal services:

(a) A member of a Scheduled Caste or Scheduled Tribe

(b) A victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution

(c) A woman or a child

(d) A mentally ill or otherwise disabled person (e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster

(f) An industrial workman (g) Income Ceiling to Rs.1,25,000/- p.a. for legal aid before Supreme Court of India and to Rs.1,00,000/- p.a. for legal aid up to High Courts. Limit for Transgender is Rs. 2,00,000. Hence statement 1 and 2 are correct. Senior citizens eligibility for free legal aid depends on the rules framed by the respective State Governments in this regard. Hence statement 3 and 4 are not correct