Consider the following statements regarding District Judges: (a) The appointment of the District Judge is made by the Chief Justice of the High Court. (b) The Chief Minister has the authority to transfer the District Judge. Which of the statement/s given above is/are correct?

Option 4 : Neither (a) nor (b)

The correct answer is Neither (a) nor (b).

 Structure and Jurisdiction of Subordinate Courts

• The organizational structure, jurisdiction, and nomenclature of the subordinate judiciary are laid down by the states. 
• Hence, they differ slightly from state to state. 
• Generally, there are three tiers of civil and criminal courts below the high court. 
• The district judge is the highest judicial authority in the district.
• He possesses original and appellate jurisdiction in both civil and criminal matters. 
• In other words, the district judge is also the session judge. 
• When he deals with civil cases, he is known as a district judge and when he deals with criminal cases, he is known as a sessions judge. 
• The sessions judge has the power to impose any sentence, including life imprisonment and capital punishment (death sentence). 
• However, a capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not. 

Appointment of District Judges

• The judges of subordinate courts are appointed by the Governor in consultation with the Chief Justice of the High Court of the concerned State.
• Qualifications of district judge:
  • He should not already be in the service of the Central or the state government. 
  • He should have been an advocate or a pleader for seven years. 
  • He should be recommended by the high court for appointment.
• The lower court Judges are transferred by the High Court: no posting, promotion or transfer of any such person as a district judge, made at any time before the commencement of the Constitution (Twentieth Amendment) Act, 1966, otherwise than in accordance with the provisions of article 233 or article 235 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance with the said provisions.

The correct answer is option 4.