Goyal Brothers Prakashan Class 10 Civics Solutions Chapter 6 The Subordinate Courts
Question 1.
What is meant by Subordinate Courts?
Answer:
The Court of the District Judge and other Courts lower in ranking to it are called Subordinates Courts. In other words, with the exception of the Supreme Court and High Courts all other Courts are Subordinate Courts.
Question 2.
What is meant by the term ‘Civil Cases’?
Answer:
The term ‘Civil Cases’ pertains to the cases related to land, property and money transactions.
Question 3.
Which is the highest Civil Court in a District?
Answer:
The Court of the District Judge is the highest Civil Court of the District.
Question 4.
Who appoints a District Judge? How?
Answer:
The District Judges are appointed by the Governor in consultation with the High Court. A person, to be eligible for appointment as a District Judge should be :
- an advocate or a pleader of seven years standing.
- an officer in the Judicial Service of the Union or of the State.
Question 5.
Mention one administrative function of a District Judge.
Answer:
He maintains law and order in the area by his administration and also supervises the collection of revenue and taxes from the District.
Question 6.
Which is the highest Court dealing with criminal cases at the District level?
Answer:
The highest criminal Court of the District is the Court of Sessions Judge.
Question 7.
What is the distinction between the Court of the District Judge and the Sessions Judge?
Or
Mention the types of cases being heard by the Courts of the District Judge and the Session Judge.
Answer:
| District Judge | Sessions Judge |
| (i) The District Judge : The Court of the District Judge is the Highest Civil Court of the district. In some of the districts Additional District Júdges have been appointed to assist the District Judge.
(ii) The District Judge acts a Deputy Commissioner and District Collector. In that capacity, he maintains law arid order as well as supervises the collection of revenues and taxes from the district. Thus, he possesses Administrative power to his Judicial power. |
The highest criminal court of the district is the Court of Sessions Judge. It is presided over by the District and Sessions Judge.
The highest criminal court in a district is the Session Court. The District Judge of the civil courts also works as the Session Judge. Cases of murder, dacoity etc. are heard by the Session Judge. |
Question 8.
Mention any two advantages of the resolution of disputes through Lok Adaiats.
Answer:
- Lok Adaiats deliver speedy and inexpensive justice.
- The Lok Adaiats, reduce the work-load of other Courts and would consequently reduce delay injustice.
Question 9.
What is the purpose of a Family Court?
Answer:
The purpose of a Family Court is to secure speedy settlement of disputes relating to marriage, family affairs and related matters.
Structured Questions
Question 1.
The organisation of Subordinate Courts varies from State to State, but the essential features are the same. Describe the organisation of Civil Courts in a District under the following headings :
(a) The Court of the District Judge
(b) Other Civil Courts
(c) Appointment and Qualifications of a District Judge
Answer:
(a) The Court of the District Judge is the highest Civil Court of the district. In some of the districts, Additional District Judges have been appointed to assist the District Judge. All cases involving more than? 5,000 come to hearing to the District Judge.
He also hears appeals against the decisions of the Civil Judge. Mostly the District Judge also acts as a Deputy Commissioner and District Collector, and as such, he possesses certain Administrative powers as well. In that capacity, he maintains law and order in the area of his administration and also supervises the collection of revenue and taxes from the district.
(b) There are several Civil Courts working under the District Judge, such as :
- Court of Subordinate Civil Judge (First Class)
- Court of Sub-Judge (also known as Munsiff)
- Court of Small Courses.
- The District Judge, the Additional District Judge and the Subordinate Civil Judge (First Class) may deal with suits without any limit as to their value. The Jurisdiction of the other Courts depend entirely on the value of the suit. The courts of small causes have jurisdiction in cases, where the value of the subject matter is small.
(c) The District Judges and the Additional District judges are appointed by the Governor in consultation with the High Court. A person to be appointed as a District Judge or Additional District Judge must possess following qualifications :
(i) He must have been an advocate or pleader of seven years standing or 0 An officer in Judicial Service of the Union or of the State. Other Judges are appointed through competitive examinations conducted by State Public Service Commission.
Question 2.
Present day Criminal Courts in every district usually have a three-tier structure. In this context describe :
(a) Organisation of the Sessions Court
(b) Organisation of the Court of the Chief Judicial Magistrate
(c) Courts of First Class and Second Class Judicial Magistrates
Answer:
(a) The highest Criminal Court of the district is the Court of Sessions Judge. Usually, it is presided over by the District Judge, who is therefore, called the District and Sessions Judge. Cases of murder, dacoity, robbery and of the sort are heard by the Sessions Judge. He can award capital punishment, subject to the approval of the High Court.
(b) The Chief Metropolitan or Chief Judicial Magistrate can pass a sentence of imprisonment only up to 7 years. Thus, he is not competent to pass a sentence of death or of imprisonment of life.
(c) A Magistrate exercising First Class power is empowered to pass a sentence of imprisonment up to three years or fine up to Rs. 5,000 or both A Second Class Magistrate can pass a sentence of imprisonment up to two years and fine not exceeding ₹1,000 or both.
Question 3.
The Lok Adalats have earned the commendation of many legal luminaries. In this context, answer the following questions :
(a) What is meant by a Lok Adalat?
(b) What are the advantages of settlement of disputes through Lok Adalats?
Or
Mention any four reasons why the system of Lok Adalats became so popular.
(c) How do the Lok Adalats function?
(d) What is the scope of Lok Adalats in India? Or Mention any four reasons why the system of Lok Adalats became so popular.
Answer:
(a) Lok Adalat means ‘the peoples’ court. It is a sort of voluntary form, comprised of a few public spirited people including Supreme Court Judges, Lawyers, Students and Social workers. They persuade the different parties at dispute to bring their cases before them for speedy settlement.
(b) Following are the advantages of the settlement of disputes through Lok Adalats:
- The Lok Adalats work in the spirit of compromise.
- Lok Adalats deliver speedy and inexpensive justice.
- Awards passed by Lok Adalats are final and binding on the parties and no appeal lies before any Court against its award.
- Even before taking the matter to a Court of law, any party can move to Lok Adalats for settlement of the dispute.
- The Lok Adalats reduce the workload of other courts and consequently, reduce delay injustice.
(c) The Lok Adalats function under the following principles :
- The Lok Adalats are presided over by judicial officers and other persons who possess such qualification as may be prescribed by the State.
- They make an endeavour to bring compromise or agreement between the parties.
- Lok Adalats are organised from time to time.
- All decisions of the Lok Adalats are now deemed to be decrees of a civil Court and shall be binding on the parties of the dispute.
- They are required to settle disputes relatingto public utility, transport service, postal, communications etc.
(d) The Lok Adalats, is the need of the hour, when about 2 crore 50 lakh cases are pending in different courts all over India. These courts can play an important role in the settlement of family funds, disputes between the neighbours and minor cases of assault and injury. The institution of Lok Adalats extends help to weaker sections of society, who cannot afford the delay or costs involved in court procedures.
ICSE History and Civics Class 10 Goyal Brothers Prakashan Solutions