Which of the following statements is/are correct regarding the district judiciary?

1. The Supreme Court has declared the independence of the district judiciary as a crucial part of the Constitution's basic structure.

2. The term 'subordinate judiciary' is used to describe district judges, as per constitutional provisions.

3. The Constitution recognises and protects district judges as vital components of the judicial system. 

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  1. Only 2
  2. Only 1 and 3
  3. 1, 2 and 3
  4. Only 2 and 3 

Answer (Detailed Solution Below)

Option 2 : Only 1 and 3
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The correct answer is Only 1 and 3.

Key Points

  • The Supreme Court of India has consistently upheld the independence of the district judiciary, declaring it a crucial part of the Constitution's basic structure doctrine.
  • The term "subordinate judiciary" is used in legal and constitutional parlance but does not imply a lack of independence; rather, it highlights their position relative to the High Courts in the judicial hierarchy.
  • The Constitution of India explicitly recognizes and safeguards the independence of district judges under Articles 233 to 237, ensuring their vital role in the judicial system.
  • The district judiciary operates under the supervisory jurisdiction of the respective High Courts as per Article 235 of the Indian Constitution.

Additional Information

  • Basic Structure Doctrine
    • The doctrine was established in the landmark case of Keshavananda Bharati v. State of Kerala (1973).
    • It asserts that certain fundamental features of the Constitution, such as the independence of the judiciary, cannot be amended by the Parliament.
  • Articles 233-237
    • These articles collectively deal with the appointment, conditions of service, and independence of district judges.
    • Article 233 empowers the Governor, in consultation with the High Court, to appoint district judges.
  • Subordinate Judiciary
    • The term "subordinate judiciary" refers to courts below the High Court level, such as district and sessions courts, civil courts, and magistrate courts.
    • Despite being "subordinate," they function independently within the framework provided by the Constitution and respective state laws.
  • Role of High Courts
    • High Courts exercise supervisory control over district courts under Article 235.
    • This ensures the proper administration of justice and adherence to constitutional principles by the subordinate judiciary.
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