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Which of the following is outside the High Court’s administrative control over the subordinate…

Article 235 vests control over district courts and their subordinate courts in the High Court. This covers the subordinate judicial system, including Courts of Session and…

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Which of the following is outside the High Court’s administrative control over the subordinate judiciary under Article 235 of the Constitution of India?

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Answer and explanation

Correct answer A

Article 235 vests control over district courts and their subordinate courts in the High Court. This covers the subordinate judicial system, including Courts of Session and Judicial Magistrates. Sections 14 and 17 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provide for appointment of Executive Magistrates by the State Government and their executive chain of subordination. This administrative distinction does not prevent judicial review of executive action.

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Option A

Executive Magistrates are in the executive chain of appointment and subordination under Sections 14 and 17. They are outside the Article 235 administrative control of the judiciary.

Option B

Incorrect: Judicial Magistrates of the Second Class are part of the judicial service of the State and are under the administrative and judicial control of the High Court (Article 235 of the Constitution; Sections 9 and 13 of the BNSS, 2023 / formerly Sections 11 and 15 of the CrPC, 1973).

Option C

Incorrect: The Court of Session is a district-level court subordinate to and under the control of the High Court under Article 235 of the Constitution and Section 8 of the BNSS, 2023 (formerly Section 9 of the CrPC, 1973).

Option D

Incorrect: Judicial Magistrates of the First Class are part of the subordinate judiciary under the control of the High Court (Article 235 of the Constitution; Sections 9 and 13 of the BNSS, 2023 / formerly Sections 11 and 15 of the CrPC, 1973).

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