Who has the authority to appoint a Sessions Judge of one sessions division as an Additional Sessions Judge of another division?
Show answer & explanation
Correct answer: B
Explanation
Answer: The High Court.
Explanation:
- According to the Indian legal system and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (which replaces the erstwhile CrPC, 1973), the control over the administration and appointments of the subordinate judiciary primarily rests with the High Court of the respective state. Under the relevant sections of the BNSS, the High Court possesses the exclusive authority to appoint a Sessions Judge of one sessions division as an Additional Sessions Judge of another division.
- This arrangement has been established to ensure the independence of the judiciary, thereby preventing direct interference by the Executive (the State Government) in matters concerning the transfer of judges and the assignment of additional charges. The High Court issues such orders to facilitate the expeditious disposal of cases and to ensure that, in the event of a shortage of judges in a particular sessions division, judges from another division can assume the workload there. While District Judges are appointed by the Governor in consultation with the High Court, decisions regarding their internal deployment and assignment of charges are made by the High Court itself.
Additional Points:
- Constitutional Provision: Article 235 of the Indian Constitution grants the High Court the power of control over the subordinate courts within the state.
- Hierarchy: The Sessions Court serves as the highest court for criminal matters at the district level. Its presiding officer is designated as the 'Sessions Judge.'
- Judicial Powers: A Sessions Judge is empowered to impose any sentence prescribed by law; however, any sentence of capital punishment (death penalty) awarded by a Sessions Judge is subject to mandatory confirmation by the High Court.
Potential Examination Questions and Answers:
Question: By whom are District Judges appointed?
Answer: By the Governor of the respective state (in consultation with the High Court).
Question: Does a death sentence awarded by a Sessions Judge become effective immediately?
Answer: No; confirmation by the High Court is mandatory for it to take effect.
Question: Under which Article of the Constitution is the power of control over subordinate courts vested?
Answer: Article 235.