District judge

District judge

Subject: Polity

Context: The bench comprising Justices DY Chandrachud and Hrishikesh Roy noted that the Trial judges work amidst appalling conditions, The colonial mindset which pervades the treatment meted out to the district judiciary must change, the Supreme Court observed in a judgment .

Concept:

The courts comprised in the district judiciary are the first point of interface with citizens.

Qualification

1. He should have been an advocate or pleader for 7 years.
2. He should be recommended by high court.
3. He shouldn’t already be in service of center or state

Appointment

• The appointment, posting, promotion is made by Governor after consultation with High court. Other appointments of judicial service are made by Governor after consulting high court and state public service commission. Appointments of judicial service below district judge are made by high court.
• District judge (Civil cases) / Sessions judge (Criminal cases) has highest judicial position in district. He has original and appellate jurisdiction over civil and criminal cases.

Civil Courts

• The Court of the District Judge is the highest Civil Court in a district to deal with Civil Cases is called the Court of District and Sessions Judge when it deals with both Civil and Criminal Cases at the district level.
• The judge of this Court is appointed by the governor of the State. Below the Court of District Judge, there may be one or more Courts of Sub Judge, have been established in districts to exclusively hear Cases Family disputes, like divorce, Custody of Children, etc.
• Below them there and Courts of Munsiffs and Small Causes Courts which decide cases involving petty amounts No appeal can be made against the decisions of the Small Causes Courts. All these Courts hear and Settle Civil disputes.

Functions and powers

• The Court of the District Judge (Called the District Courts) hears not only appeals against the decisions of the Courts of Sub Judges, but also some of the Cases begin directly in the Court of District Judge itself, Appealing against the decisions of this Court may be heard by the High Court of the State.
• Civil Courts deal with Cases pertaining to disputes between two or more persons regarding property, divorce, Contract and Contract and breach of agreement or landlord-tenant disputes.

Criminal Courts

• The Court of the Sessions Judge (Known as Sessions Courts) is the highest Court for Criminal Cases in a district. Below this Court, there are Courts of magistrates of First, Second and Third class.
• In metropolitan cities like Delhi, Calcutta, Mumbai and Chennai, First Class Magistrates are Called Metropolitan Magistrates.

Functions and powers

• All these criminal courts are competent to try the accused and to award punishment, as sanctioned by law, to those who are found guilty of Violation of law.
• Criminal courts hear criminal Cases which are related to violation of laws. These Cases involve theft, dacoity, rape, arson, pick-pocketing, physical assault, murder etc.
• It may be fine, imprisonment or even death sentence. Normally every accused is presented by the police before a magistrate. The magistrate Can family dispose off Cases of minor Crime.
• Thus, Sessions Courts try the accused but the capital punishment can be implemented only after his Sentence is confirmed by the High Court.