Q. With reference to the Subordinate Courts, which of the following statement(s) is/are correct?
Select the correct answer using the code given below:
Q. With reference to the Subordinate Courts, which of the following statement(s) is/are correct?
Select the correct answer using the code given below:
The correct option is D Neither 1 nor 2
Explanation:
Statement 1 is incorrect: Article 233 provides that 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 exercising jurisdiction in relation to such States. Sub-article (2) of Article 233 provides that a person not already in the service of the Union or of the State shall only be eligible to be appointed as district judge if he has been for not less than 7 years an advocate or pleader and is recommended by the High Court for appointment.
Article 234 provides for the recruitment of persons other than district judges to the judicial service. Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him on that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State(s).
Statement 2 is incorrect: The District Court or Additional District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District. The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. On the criminal side, jurisdiction is exclusively derived from the criminal procedure code. As per this code the maximum sentence a Sessions Judge of district court may award to a convict is capital punishment.
Explanation:
Statement 1 is incorrect: Article 233 provides that 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 exercising jurisdiction in relation to such States. Sub-article (2) of Article 233 provides that a person not already in the service of the Union or of the State shall only be eligible to be appointed as district judge if he has been for not less than 7 years an advocate or pleader and is recommended by the High Court for appointment.
Article 234 provides for the recruitment of persons other than district judges to the judicial service. Appointments of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him on that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State(s).
Statement 2 is incorrect: The District Court or Additional District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District. The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. On the criminal side, jurisdiction is exclusively derived from the criminal procedure code. As per this code the maximum sentence a Sessions Judge of district court may award to a convict is capital punishment.
