UPSC Prelims 2004 Q7: Indian Polity – Judiciary
Consider the following statements:
1. The highest criminal court of the district is the Court of District and Sessions Judge.
2. District Judge 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 years' standing or more, or a member of a judicial service of the 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?
- (a) 1 and 2
- (b) 2, 3 and 4
- (c) 1 and 3
- (d) 1, 2, 3 and 4
Answer: (d) 1, 2, 3 and 4
Explanation
District judiciary
| Statement | Verdict |
|---|---|
| 1. Highest criminal court of the district is the District and Sessions Judge | True |
| 2. District Judges appointed by the Governor in consultation with the High Court | True — Article 233 |
| 3. Advocate of seven years' standing or judicial service member | True |
| 4. Death sentence needs High Court confirmation | True — Criminal Procedure Code |
All four statements are correct.
Answer: (d) 1, 2, 3 and 4.
Why each option is right or wrong
- (a) Incorrect. Statements 3 and 4 are also correct.
- (b) Incorrect. Statement 1 is also correct.
- (c) Incorrect. Statements 2 and 4 are also correct.
- (d) CORRECT. All four statements are correct.
Key point
Article 233: Governor appoints District Judges in consultation with the High Court.
Remember
District Judges are appointed by the Governor with the High Court's consultation.
Common mistakes
- Thinking the President appoints District Judges.
- Forgetting the High Court's confirmation of death sentences.
- Mixing the eligibility of District Judges with that of High Court judges.
Exam tip
Death sentence by a Sessions Judge: confirmed by the High Court.
Sources
- Constitution of India — Articles 233 to 237
- M. Laxmikanth — Indian Polity (Subordinate Courts)