Consider the following statements
1) The highest criminal court of the district is the Court of District and Sessions Judge.
2) The District Judge 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 Session 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?
2, 3 and 4
Incorrect AnswerAll of the above
Correct AnswerExplanation:
1. The highest court in each district is that of the District and Sessions Judge. This is the principal court of original civil jurisdiction besides High Court of the State and which derives its jurisdiction in civil matters primarily from the code of civil procedure. The district court is also a court of Sessions when it exercises its jurisdiction on criminal matters under Code of Criminal procedure.
2. The judges of subordinate courts are appointed by the Governor in consultation with the chief justice of the High Court of the concerned State.
3. A minimum of seven years of practise as a lawyer at bar is a necessary qualification for direct entry level to become a District Judge upon a written examination and oral interview by a committee of High court judges, the appointment of district judges is notified by the state Government. This is referred to as direct recruitment.
4. Court of session after passing a death sentence shall submit the proceedings to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. The court passing the sentence shall then commit the convicted person to jail custody under a warrant.
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By: Abhipedia