The District and sessions judge works directly under the control ofa)G...
Key Points
- Indian single integrated judicial system, the high court operates below the Supreme Court but above the subordinate courts.
- The judiciary in a state consists of a high court and a hierarchy of subordinate courts. The high court occupies the top position in the judicial administration of a state.
- The institution of the high court originated in India in 1862 when the high courts were set up at Calcutta, Bombay and Madras 1 . In 1866, a fourth high court was established at Allahabad.
- In the course of time, each province in British India came to have its own high court. After 1950, a high court existing in a province became the high court for the corresponding state.
- The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 authorized the Parliament to establish a common high court for two or more states or for two or more states and a union territory.
- The territorial jurisdiction of a high court is co-terminus with the territory of a state. Similarly, the territorial jurisdiction of a common high court is co-terminus with the territories of the concerned states and union territory.
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The District and sessions judge works directly under the control ofa)G...
Understanding the Role of the District and Sessions Judge
The District and Sessions Judge holds a vital position in the Indian judicial system. Their primary function is to oversee the administration of justice at the district level. Here’s a detailed look at their relationship with the High Court and the rationale behind the correct answer being option 'C'.
Direct Control by the High Court
- The District and Sessions Judge operates under the direct supervision of the High Court of the State.
- This relationship ensures that the judges maintain a consistent standard of legal interpretation and application across the district, aligning with higher judicial principles.
Judicial Independence
- The independence of the judiciary is a cornerstone of democracy.
- By being accountable to the High Court, the District and Sessions Judge is insulated from political pressures, thereby upholding impartiality in judicial proceedings.
Administrative Functions
- The District and Sessions Judge also has administrative responsibilities, which include the allocation of cases and management of subordinate courts.
- Their decisions can be subject to review by the High Court, enhancing accountability.
Comparison with Other Options
- Governor of the State: While the Governor may have certain powers, they do not directly control judicial operations.
- Law Minister of the State: The Law Minister is part of the executive and does not have direct oversight of judicial functioning.
- District Collector: The District Collector is responsible for administrative functions but does not influence judicial authority.
In summary, the District and Sessions Judge works directly under the control of the High Court, ensuring that justice is administered fairly and consistently, reinforcing the principles of an independent judiciary.