Subordinate Courts

The District Judge is appointed by

1. Governor
2. Chief Justice of High Court
3. Chief Minister
4. Advocate General of the State

Answer

Governor

Which of the following statements is correct with reference to the Lok Adalats?

1. Lok Adalats have the jurisdiction to settle the matters at pre-litigative stage only and not matter pending before any court.
2. Lok Adalats can deal with matters which are civil and not criminal in nature
3. Lok Adalat consists of either serving or retired judicial officers only and not any other person
4. None of these

Answer

Lok Adalats can deal with matters which are civil and not criminal in nature

A person dissatisfied with the verdict given by court of District Judge could appeal to which of the following courts?

1. Trial Court
2. Supreme Court
3. Session Court
4. High Court

Answer

High Court

Who appoints the judicial officers of the subordinate judiciary other than District Judge?

1. Union Public Service Commission
2. State Public Service Commission
3. Chief Minister
4. Governor

Answer

State Public Service Commission

The first Lok Adalat was organised in which state?

1. Gujarat
2. Bihar
3. Delhi
4. Rajasthan

Answer

Gujarat

Civil Courts exercise jurisdiction in cases related to

1. Land
2. Property
3. Monetary transaction
4. All of these

Answer

All of these

Which is the highest court in a district?

1. Court of District Judge
2. Court of Civil Judge or Sub-Judge
3. Munsif's Court
4. None of these

Answer

Court of District Judge

District Judge, when he/she decides criminal cases, is referred to as

1. Munsif
2. Session judge
3. Additional Session Judge
4. None of these

Answer

Session judge

Which is the lowest criminal court in a district?

1. Session Court
2. Court of Second Class Judicial Magistrate
3. Court of First Class Judicial Magistrate
4. Court of Chief Judicial Magistrate

Answer

Court of Second Class Judicial Magistrate

The highest criminal court in a district is

1. Session Court
2. Court of Chief Judicial Magistrate (CJM)
3. Court of Second Class Judicial Magistrate
4. Court of First Class Judicial Magistrate

Answer

Session Court

The Highest authority in the field of revenue in a state is

1. Tehsildar's Court
2. Collector's Court
3. Commissioner's Court
4. Board of Revenue

Answer

Board of Revenue

Which of the following judicial officers can award capital punishment?

1. District Judge
2. Session Judge
3. Chief Judicial Magistrate
4. First Class Judicial Magistrate

Answer

Session Judge

Who can avail of free legal aid?

1. Any person accused of murder
2. Rich person only
3. Any poor person
4. If an accused is too poor to himself engage a lawyer

Answer

If an accused is too poor to himself engage a lawyer

Which of the following statements regarding Lok Adalat is incorrect?

1. It reduces the burden on High Courts
2. It works on the spirit of compromise
3. It involves less expenses
4. Cases take a long time to get resolved

Answer

Cases take a long time to get resolved

Cases regarding marriages, divorce and will are decided by

1. Civil courts
2. Sessions court
3. Revenue courts
4. None of these

Answer

Civil courts

In the questions given below, there are two statements marked as Assertion (A) and Reason (R). Read the statements and choose the correct option.

1. Both Assertion (A) and Reason (R) are correct and Reason (R) is the correct explanation of Assertion (A).
2. Both Assertion (A) and Reason (R) are correct but Reason (R) is not the correct explanation of Assertion (A).
3. Assertion (A) is true, but Reason (R) is false.
4. Assertion (A) is false, but Reason (R) is true.

Assertion (A) : Court of District Judge is the Highest Court in a district.

Reason (R) : It decides both civil as well as criminal cases.

Answer

Both Assertion (A) and Reason (R) are correct but Reason (R) is not the correct explanation of Assertion (A).

Explanation — The Court of the District Judge is the highest court in the district. When a judge decides civil cases, he is called the District Judge (DJ) and when he decides criminal cases, he is referred to as the Sessions Judge (SJ).

Mention two types of subordinate courts in a State.

Answer

Two types of subordinate courts in a state are Civil Courts and Criminal Courts.

Name the courts at the district level.

Answer

The administration of justice in each district in India is entrusted to three types of courts :

1. Civil Courts
2. Criminal Courts
3. Courts of Revenue

How are the District Judges in a State appointed?

Answer

District Judges in a state are appointed by the Governor in consultation with the Chief Justice and other judges of the High Court.

Describe the various level of Civil Courts in the order of ascent.

Answer

The various level of Civil Courts in the order of ascent are:

1. Courts of Small Causes
2. Munsif's Court or Court of Sub-Judge (Second class)
3. Court of Subordinate Civil Judge (First class)
4. Additional District Judge (ADJ)
5. District Judge (DJ)

Name the highest civil court in a district.

Answer

The highest civil court in a district is the Court of the District Judge.

Describe the functions of the Criminal Courts in their ascending order.

Answer

The functions of Criminal Courts or Sessions Courts in the districts in ascending order are given below:

1. Court of the Second Class Judicial Magistrates — They handle certain serious criminal cases, with penalties of up to 1 year imprisonment, a Rs. 5,000 fine, or both.

2. Court of the First Class Judicial Magistrates — They handle still more serious criminal cases, awarding up to three years' imprisonment or a fine of up to Rs. 10,000, or both, and hear appeals against Magistrates Class II decisions.

3. Court of Chief Judicial Magistrate (CJM) — These Magistrates can sentence up to seven years' imprisonment, but not death or life imprisonment.

4. The Sessions Court — It is the highest criminal court in a district, hearing cases like murder, dacoity, and violence. This court can award capital punishment, subject to High Court approval.

What are the functions of the Sessions Court?

Answer

The Sessions Court deals with criminal cases like violence, rioting, physical assault, murder, theft, dacoity, etc.

What are the duties of the First Class and the Second Class Magistrates?

Answer

Duties of the First Class Magistrate — These Magistrates take up more serious criminal cases and award imprisonment up to three years or a fine up to 10,000 or both. They can hear appeals against the decisions of Magistrates Class II.

Duties of the Second Class Magistrate — Comparatively, certain serious criminal cases are dealt with by these Magistrates. They can sentence a person to imprisonment for not more than 1 year or impose a fine of ₹ 5000 or both.

Name the highest court dealing with the criminal cases at the district level.

Answer

The highest criminal court in a district is the Sessions Court.

Mention one administrative power of a District Judge.

Answer

One administrative power of a District Judge is the authority to supervise and control all subordinate courts within the district, including both civil and criminal courts.

With reference to the Civil Courts in a district, answer the following :

(a) How are Civil Courts organised in a district?

(b) How do they work?

Answer

(a) Civil courts in a district are structured in a hierarchial system to ensure orderly administration of justice. The structure in ascending, is as given below:

1. Courts of Small Causes
2. Munsif's Court or Court of Sub-Judge (Second class)
3. Court of Subordinate Civil Judge (First class)
4. Additional District Judge (ADJ)
5. District Judge (DJ)

(b) The court of the District Judge is the highest civil court in a district. The District Judge and Additional District Judge oversee civil courts in the district. These courts are further graded from the lowest level to the district level.

Civil courts exercise jurisdiction in cases related to land, property and monetary transaction, arbitration, marriage, divorce, guardianship and will, etc.

Keeping in mind the Criminal Courts in a district, explain the following :

(a) Organisation of the Criminal Courts in a district.

(b) Their functions and powers.

Answer

(a) Criminal courts operate in a hierarchical structure, with each level handling cases based on their severity and complexity. The categories of Criminal Courts or Sessions Courts in the districts in ascending order are given below:

1. Court of the Second Class Judicial Magistrates
2. Court of the First Class Judicial Magistrates
3. Court of Chief Judicial Magistrate (CJM)
4. The Sessions Court

(b) The functions and powers of Criminal Courts are given below:

1. Court of the Second Class Judicial Magistrates — They handle certain serious crimes, with penalties of up to 1 year imprisonment, a Rs. 5,000 fine, or both.

2. Court of the First Class Judicial Magistrates — They handle serious criminal cases, awarding up to three years' imprisonment or a fine of up to Rs. 10,000, or both, and hear appeals against Magistrates Class II decisions.

3. Court of Chief Judicial Magistrate (CJM) — These Magistrates can sentence up to seven years' imprisonment, but not death or life imprisonment.

4. The Sessions Court — It is the highest criminal court in a district, hearing cases like murder, dacoity, and violence. This court can award capital punishment, subject to High Court approval.

With reference to the Lok Adalats, explain the following :

(a) Meaning of the Lok Adalats.

(b) Working of the Lok Adalats.

(c) Advantages of the Lok Adalats.

Answer

(a) 'Lok Adalat' means 'the People's Court'. It is an alternative dispute resolution system in India where disputes are settled amicably and speedily without going through formal court procedures.

(b) Lok Adalats are voluntary forum comprising a few public spirited people including Supreme Court judges, lawyers, students and social workers. They persuade the opposite parties at a dispute to bring their cases before them for speedy settlement. The regular law courts, already under the stress of too much load, provide every help to the parties concerned to consult the relevant files piling up under their charge. Then in the spirit of give and take, conciliatory atmosphere and without the feeling of victory or defeat the negotiated settlements are reached much to the relief of the different parties.

(c) The advantages of Lok Adalats are given below:

1. Lok Adalats play important role in the settlement of family feuds, disputes between the neighbours and minor cases of assault and injury by settling the disputes through compromise. Since the Lok Adalats work in the spirit of compromise and understanding, both the parties feel satisfied.
2. Lok Adalats deliver fast and inexpensive justice. Any person can move Lok Adalat by an application on a plain paper or using the format available with Legal Service Authorities and expect speedy justice.
3. The Lok Adalats reduce the workload of other courts enabling them to deal with more serious matters. This reduces delays in higher courts.
4. Lok Adalats promote social justice by providing legal aid to weaker sections of society.