PREVIOUS YEARS’

QUESTIONS
(2000-2021)
THEME: JUDICIARY

Atish Mathur: MATHUR10

www.atishmathur.com
telegram: https://t.me/csepaper2atish
 NUMBER OF POLITY QUESTIONS PER YEAR
25

20

15

10

0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021

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4.5

3.5

3
No. of
Questions 2.5
from this
Topic 2

1.5

0.5

0
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021

Years

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Q1. With reference to India, consider the following statements: (2021)

1. Judicial custody means an accused is in the custody of the concerned
magistrate and such accused is locked up in police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not
allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

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Answer: b

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Q2. With reference to India, consider the following statements: (2021)

1) When a prisoner makes a sufficient case, parole cannot be out denied
to such prisoner because it becomes a matter of his/her right.
2) State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

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Answer: b

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Q3. With reference to Indian judiciary, consider the following statements: (2021)
1) Any retired judge of the Supreme Court of India can be called back to sit and
act as a Supreme Court judge by the Chief Justice of India with prior permission
of the President of India.
2) A High Court in India has the power to review its own judgement as the
Supreme Court does.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

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Answer: c

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Q4: Consider the following statements : (2019)

1. The 44th Amendment to the Constitution of India

introduced an Article placing the election of the Prime
Minister beyond judicial review.
2. The Supreme Court of India struck down the 99th
Amendment to the Constitution of India as being violative
of the independence of judiciary.

Which of the statements given above is/ are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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Answer: b

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Q5: With reference to the Constitution of India, consider the

following statements : (2019)
1. No High Court shall have the jurisdiction to declare any
central law to be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called
into question by the Supreme Court of India.

Which of the statements given above is/ are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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Answer: d

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Q6: With reference to the constitution of India, prohibition or

limitations or provisions contained in ordinary laws cannot act
as prohibitions or limitations on the constitutional powers under
Article 142. It could mean which one of the following? (2019)

(a) The decisions taken by the Election Commission of India

while discharging its duties can not be challenged in any
court of law.
(b) The Supreme Court of India is not constrained in the
exercise of its powers by laws made by the parliament.
(c) In the event of grave financial crises in the country, the
President of India can declare Financial Emergency without
the counsel from the cabinet.
(d) State Legislatures can not make laws on certain matters
without the concurrence of the Union legislature.

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Answer: b

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Q7: Consider the following statements : (2019)

1. The motion to impeach a judge of the Supreme Court of India cannot be rejected by the
Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The constitution of India defines and gives details of what constitutes “incapacity and
proved misbehaviour” of the judges of the Supreme Court of India.
3. The details of the process of the impeachment of the judges of the Supreme Court of India
are given in the judges (Inquiry) Act, 1968.
4. If the motion of the impeachment of a judge is taken up for voting, the law requires the
motion to be backed by each house of the parliament and supported by a majority of total
membership of that house and by not less than two-thirds of total members of that House
present and voting.

Which of the statements given above is/ are correct?

(a) 1 and 2
(b) 3 only
(c) 3 and 4 only
(d) 1,3 and 4

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Answer: c

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Q8: In India, Judicial Review implies (2017)

(a) The power of the Judiciary to pronounce upon the

constitutionality of laws and executive orders.
(b) The power of the Judiciary to question the wisdom of the
laws enacted by the Legislatures.
(c) The power of the Judiciary to review all the legislative
enactments before they are assented to by the President.
(d) The power of the Judiciary to review its own judgements
given earlier in similar or different cases.

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Answer: a

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Q9: Who/Which of the following is the custodian of the

Constitution of India? (2015)

(a) The President of India

(b) The Prime Minister of India
(c) The Lok Sabha Secretariat
(d) The Supreme Court of India

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Answer: d

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Q10: The power to increase the number of judges in the

Supreme Court of India is vested in (2014)

(a) the President of India

(b) the Parliament
(c) the Chief Justice of India
(d) the Law Commission

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Answer: b

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Q11: The power of the Supreme Court of India to decide

disputes between the Centre and the States falls under its (2014)

(a) advisory jurisdiction

(b) appellate jurisdiction
(c) original jurisdiction
(d) writ jurisdiction

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Answer: c

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Q12: What is the provision to safeguard the autonomy of the Supreme

Court of India? (2012)
1. While appointing the Supreme Court Judges, the President of
India has to consult the Chief Justice of India.
2. The Supreme Court Judges can be removed by the Chief Justice of
India only.
3. The salaries of the Judges are charged on the Consolidated Fund
of India to which the legislature does not have to vote.
4. All appointments of officers and staff of the Supreme Court of
India are made by the Government only after consulting the Chief
Justice of India.

Which of the statements given above is/are correct?

(a) 1 and 3 only
(b) 3 and 4 only
(c) 4 only
(d) 1, 2, 3 and 4

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Answer: a

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Q13: Which of the following are included in the original

jurisdiction of the Supreme Court? (2012)
1. A dispute between the Government of India and one or more
States
2. A dispute regarding elections to either House of the
Parliament or that of Legislature of a State
3. A dispute between the Government of India and a Union
Territory
4. A dispute between two or more States

Select the correct answer using the codes given below:

(a) 1 and 2
(b) 2 and 3
(c) 1 and 4
(d) 3 and 4

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Answer: c

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Q14: Consider the following statements: The Supreme Court of

India tenders advice to the President of India on matters of law
or fact (2010)
1. on its own initiative (on any matter of larger public interest).
2. if he seeks such an advice.
3. only if the matters relate to the Fundamental Rights of the
citizens.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) 3 only
(d) 1 and 2

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Answer: b

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Q15: Consider the following statements: (2008)

1. Justice V.R. Krishna Iyer was the Chief Justice of India
2. Justice V.R. Krishna Iyer is considered as one of the
progenitors of public interest litigation (PIL) in the Indian
judicial system

Which of the statements given above is / are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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Answer: b

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Q16: How many High Courts in India have jurisdiction over

more than one State (Union Territories not included)? (2008)

(a) 2
(b) 3
(c) 4
(d) 5

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Answer: b

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Q17: Consider the following statements : (2007)

1. The mode of removal of a Judge of a High Court in India is
same as that of removal of a Judge of the Supreme Court.
2. After retirement from the office, a permanent Judge of a
High Court cannot plead or act in any court or before any
authority in India.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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Answer: a

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Q18: Consider the following statements : (2007)

1. The Judges (Inquiry) Bill 2006 contemplates to establish a
Judicial Council which will receive complaints against
Judges of the Supreme Court including the Chief Justice of
India, High Court Chief Justices and Judges.
2. Under the Protection of Women from Domestic Violence
Act, 2005, a woman can file a petition before a 1st Class
Judicial Magistrate.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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Answer: b

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Q19: Who was the Chief Justice of India when public interest
litigation (PIL) was introduced to the Indian judicial system?
(2006)

(a) M. Hidayatullah
(b) A.M. Ahmadi
(c) A.S. Anand
(d) P.N. Bhagwati

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Answer: d

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Q20: Consider the following statements : (2006)

1. A person who has held office as a permanent Judge of a
High Court cannot plead or act in any court or before any
authority in India except the Supreme Court.
2. A person is not qualified for appointment as a Judge of a
High Court in India unless he has for at least five years held
a judicial office in the territory of India.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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Answer: d

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Q21: Assertion (A): In India, every state has a High Court in its
territory.
Reason (R): The Constitution of India provides for a High Court
in each state. (2006)

Codes:
(a) Both A and R are individually true and R is the correct
explanation of A
(b) Both A and R are individually true, but R is not the correct
explanation of A
(c) A is true, but R is false
(d) A is false, but R is true

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Answer: d

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Q22: Consider the following statements : (2005)

1. There are 25 High Courts in India
2. Punjab, Haryana and the Union Territory of Chandigarh
have a common High Court.
3. National Capital Territory of Delhi has a High Court of its
own.

Which of the statements given above is/are correct?

(a) 2 and 3
(b) 1 and 2
(c) 1, 2 and 3
(d) 3 only

ATISH MATHUR
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Answer: a

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Q23: Consider the following statements: (2005)

1. The Parliament cannot enlarge the jurisdiction of the
Supreme Court of India as its jurisdiction is limited to that
conferred by the Constitution.
2. The officers and servants of the Supreme Court and High
Courts are appointed by the concerned Chief Justice and the
administrative expenses are charge on the Consolidated
Fund of India.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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Answer: b

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Q24: The Constitution (98th Amendment) Bill is related to:

(2005)

(a) Empowering the Centre to levy and appropriate service tax

(b) The constitution of the National Judicial Commission
(c) Readjustment of electoral constituencies on the basis of the
Population Census 2001
(d) The demarcation of new boundaries between States.

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Answer: b

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Q25: Consider the following statements: (2004)

1. The highest criminal court of the district is the Court of District and Sessions
Judge.
2. The District Judges are appointed by the Governor in consultation with the
High Court.
3. A person to be eligible for appointment as a District Judge should be an
advocate or a pleader of seven years’ standing or more, or an officer in
judicial service of the Union or the State.
4. When the Sessions Judge awards death sentence, it must be confirmed by
the High Court before it is carried out.

Which of the statements given above are correct?

(a) 1 and 2
(b) 2, 3 and 4
(c) 3 and 4
(d) 1, 2, 3 and 4

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Answer: d

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Q26: Which one of the following High Courts has the Territorial
Jurisdiction over Andaman and Nicobar Islands? (2003)

(a) Andhra Pradesh

(b) Calcutta
(c) Madras
(d) Orissa

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Answer: b

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Q27: The salaries and allowances of the Judges of the High

Court are charged to the (2002)

(a) Consolidated Fund of India

(b) Consolidated Fund of the State
(c) Contingency Fund of India
(d) Contingency Fund of the State

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Answer: b

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Q28: Consider the following statements regarding the High

Courts in India: (2001)
1. There are eighteen High Courts in the country.
2. Three of them have jurisdiction over more than one state.
3. No Union Territory has a High Court of its own.
4. Judges of the High Court hold office till the age of 62.

Which of these statements is/are correct?

(a) 1, 2 and 4
(b) 2 and 3
(c) 1 and 4
(d) 4 only

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Answer: a

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Q29: The Supreme Court of India tenders advice to the

President on a matter of law or fact (2001)

(a) on its own initiative

(b) only if he seeks such advice
(c) only if the matter relates to the Fundamental Rights of
citizens
(d) only if the issue poses a threat to the unity and integrity of
the country

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Answer: b

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 ANALYS
TOPIC NO. OFIS FOCUS AREAS
QUESTIONS
Supreme Court 17 • Custodian of Constitution
• Parliamentary control over expansion
of number of judges
• Advice tendered to President
• Article 142
• Removal procedure
• 99th Amendment Act
• Jurisdictions
• Judicial Review
• Facts- who is CJI at a given time
period?
• Safeguarding their autonomy

High Court 9 • Territorial jurisdiction

• Salaries & allowances
• JR jurisdiction
• Removal of HC judges
Subordinate Courts 1 Structure
Criminal Justice System 2 • Judicial custody
• Prisoner’s parole

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 Facts: (As of May 2021)
Chief Justice of India: N. V. Ramana
No. of Judges in SC: 33 + 1 CJI
No. of High Courts in the country: There are 25 High Courts in India, seven having control over more than one State/UT.
Delhi has a High Court of its own among the Union Territories. 
Common High Courts:
NAME OF HIGH COURT TERRITORIAL JURISDICTION
Bombay HC Maharashtra + Dadra & Nagar Haveli and Daman Diu + Goa

Kolkata HC West Bengal + Andaman & Nicobar islands

Gauhati HC Assam + Nagaland + Mizoram + Arunachal Pradesh

Kerala HC Kerala + Lakshadweep Islands

Punjab & Haryana HC Punjab + Haryana + Chandigarh

Madras HC Tamil Nadu + Puducherry

Jammu & Kashmir and Ladakh HC Jammu & Kashmir + Ladakh (Note: In 1928, Jammu & Kashmir high court was established.
Post-bi-furcation of J&K into two union territories; there is now a common high court.)

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Supreme Court
 It a federal court, the highest court of appeal, the guarantor of FRs and guardian of the Constitution
 Articles 124 to 147 in Part V of the Constitution deal with the organization, independence, jurisdiction, powers,
procedures etc. of the SC. The Parliament is also authorized to regulate them.
 Organisation: Parliament can enact legislation to increase the number of judges. Currently, 33 + 1 CJI
 Appointment of Judges:
 CJI(senior-most judge of SC):by President, after consultation with such judges of the SC and HC as he deems
necessary
 Other Judges: by President, after consultation with the CJI + other judges of SC & HC as he deems necessary
 Controversy over Consultation: SC interpretations through various judgements-
 First Judges Case- consultation is not binding
 Second Judges Case- consultation is binding + CJI to consult 2 senior-most judges
 SC also ruled that the senior-most judge of the SC should alone be appointed to the office of CJI
 Third Judges Case- consultation is binding + CJI to consult collegium of 4 senior-most judges
 The 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of
2014 sought to replace the collegium system of appointing judges of SC & HC with a new body called NJAC
 Fourth Judges Case, 2015- SC declared both these acts as unconstitutional and void, consequently making the
collegium system operative again.

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Qualifications of Judges
 Should be a citizen of India
 Should have been judge of HC for 5 years OR Should
have been advocate of HC for 10 years OR Should be a
distinguished jurist in the opinion of the President
Note: Constitution has not prescribed minimum age
Oath or Affirmation: before the President or some person
appointed by the President. He/She swears:
 to bear true faith and allegiance to the Constitution of
India
 Uphold sovereignty and integrity of India
 Perform duties of the office without fear and favour
 Uphold the Constitution and the laws
Tenure of judges
Not fixed by the Constitution
 Until he attains the age of 65 years
 Can resign his office by writing to the President
 Can be removed by the President on the recommendation
of the Parliament
Removal of Judges
 President issues removal only after an address by the Parliament has
been presented
 The address must be supported by a special majority of each House
(not less than two-thirds members present and voting + <50% of total
membership of that House)
 Grounds of removal are two: proved misbehavior or incapacity
 The Judges Enquiry Act (1968) regulates the procedure relating to
removal of a judge
 Removal motion submitted to Chairperson: backed by 100
members (LS) & 50 members (RS)
 Speaker/ Chairman may admit the motion
 If admitted, a 3-member committee is constituted to investigate:
CJ or Judge of SC + CJ of HC + Distinguished Jurist
 If committee finds the judge to be guilty, the House can take up
consideration of the motion
 Special majority in each House to pass the motion
 Finally, President passes an order removing the judge
Salaries & Allowances
 Salaries, allowances, privileges, leave and pension of SC Judges are
determined by Parliament from time to time, and are drawn out of the
Consolidated Fund of India
 They cannot be varied except during a financial emergency
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Seat of Supreme Court
 The Constitution declares Delhi as the seat of the SC
 It also authorizes the CJI to appoint other place(s) as the seat
of the SC
 The decision can be taken only with the approval of the
President
 NOTE: No court can give any direction to the CJI or President
to appoint any other place as seat of the SC
Independence of the SC: Constitutional Provisions
 Mode of Appointment: The Collegium system curtails the
absolute discretion of the executive
 Security of Tenure: grounds of removal are mentioned in the
Constitution
 Fixed Service Conditions: salaries, allowances etc. cannot be
varied except during Financial Emergency
 Expenses charged on CFI: thus, making it non-votable in the
Parliament
 Conduct of Judges cannot be discussed: prohibited by the
Constitution, except when a motion for removal is under
consideration
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Procedure of the Court
 The SC can, with the approval of the President, make
rules for regulating the general practice and procedure of
the Court
 Ban on practice after retirement: retired judges of SC are
prohibited from pleading or acting in any court or before any
authority within Indian territory
 Power to punish for its Contempt: to maintain its authority, dignity
and honour
 Freedom to appoint its Staff (by CJI): without any interference
from the executive. He prescribes their conditions of service
 Jurisdiction cannot be curtailed: The Constitution has guaranteed
to the SC, jurisdiction of various kinds. The Parliament can
however, extend them
 Separation from executive: Constitution directs the State to take
steps for such a separation
 Jurisdiction and Powers of SC
Original jurisdiction
 Exclusive jurisdiction: no other court can decide such
disputes + the power to hear such disputes in the first
instance, not by way of appeal
 Any dispute between:
 Centre and one or more States
 Centre + State(s) vs one or more States
 Between two or more States
 This jurisdiction does not extend to:
 Any pre-Constitution agreement or treaty
 Inter-State Water Disputes
 Matters referred to the Finance Commission
 Adjustment of expenses and pensions between Centre
and State
 Ordinary dispute of commercial nature
 Recovery of damages by state against the Centre
Writ jurisdiction (of HC is wider than SC)
 SC can issue writs including habeas corpus, mandamus,
certiorari, prohibition & quo-warranto
 In this regard, SC has original jurisdiction, but not exclusive
 The Parliament can confer on the SC, the power to issue
writs for other purposes also
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Appellate jurisdiction
 Constitutional matters: appeals can be made against the
judgement of a HC, if the HC certifies that the case involves a
substantial question of law that requires the interpretation of the
Constitution
 Civil matters: appeals against judgement of a HC if certified that
the question needs to be decided by the SC
 Criminal matters: appeals lie against such judgements if HC- has
on appeal reversed an order of acquittal and given death sentence,
has taken a case from the lower courts, certifies that the case is fir
for appeal to the SC
 Appeal by Special Leave: the SC is authorized to grant in its
discretion special leave to appeal from any judgement in any
matter passed by any court or any tribunal (Exceptions: military
tribunal & court martial)
Advisory jurisdiction
 Article 143 authorizes the President to seek the opinion of the SC
in following matters:
 SC may tender opinion- on any question of law or fact, of
public importance
 SC must tender opinion, however it is not binding- on any
dispute arising out of a pre-constitution treaty/ agreement
 Jurisdiction and Powers of SC
(contd.)
A Court of Record
 The judgements and proceedings are recorded for perpetual memory and testimony. They are recognized as legal precedents and
legal references, having evidentiary value
 Has the power to punish for contempt of court: contempt may be civil or criminal

Power of Judicial Review

 Power to examine the constitutionality of legislative enactments and executive orders of both Central and State governments
 On examination, if they are found to be violative of the Constitution, they cannot be enforced by the Government

Other Powers
 Decides disputes regarding the election of President and Vice-President
 Enquires into conduct and behavior of members of UPSC on a reference made by President. If found guilty, the recommendation
for removal is binding on the President
 Has the power to review its own judgement
 Can transfer a case or appeal pending before one HC to another, or even to itself
 Article 141: Its law is binding on all courts in India
 Article 142: Supreme Court derives overarching powers to perform the functions of Executive and legislative in order to bring
about complete justice
 Ultimate interpreter of the Constitution
 Power of judicial superintendence and control over all courts and tribunals functioning in the entire territory of the country

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High Court
 The institution of HC originated in India in 1862 when the high courts were set up in Calcutta, Bombay and Madras
 The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 authorizes
the Parliament to establish a common HC for two or more States and a UT
 Articles 214 to 231 in Part VI deals with the organization, independence, jurisdiction, powers, procedures and so on,
of the HCs
 Organization: Every HC consists of a chief justice and such other judges as the President may from time to time deem
necessary to appoint. The strength of a HC is determined by the President.
 Appointment of Judges:
 CJ of HC: by President; on consultation with CJI and Governor of the State concerned
 Other Judges: by President; in this case, CJ of concerned HC is also consulted
 Second Judges Case- SC ruled that no appointment of a judge of the HC can be made, unless it is in conformity with
the opinion of the CJI
 Third Judges Case- SC opined that in case of appointment of HC judges, CJI should consult a collegium of 2 senior-
most judges of the SC
 Fourth Judges Case- NJAC declared unconstitutional and void

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Qualifications of Judges
 Should be citizen of India
 Should have held judicial office in the territory of India for 10
years OR should have been advocate of HC for 10 years
NOTE: Constitution has not prescribed minimum age
Oath or Affirmation- made before the Governor, or any person
appointed by the Governor. He/She swears:
 to bear true faith and allegiance to the Constitution of India
 Uphold sovereignty and integrity of India
 Perform duties of the office without fear and favour
 Uphold the Constitution and the laws
Tenure of Judges
 Holds office till the age of 62 years
 Can resign by writing to the President
 Can be removed by President on recommendation of the
Parliament
 Vacates office when appointed as a judge of the SC or when
transferred to another HC
Removal of Judges- A judge of HC is removed in the same
manner and on the same grounds as a judge of the SC
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Salaries and Allowances
 The salaries, allowances, privileges, leave and pension of HC
Judges is decided by the Parliament from time to time
 They cannot be varied to their disadvantage except during a
financial emergency
 Since it is charged on the Consolidated Fund of the State, it
becomes non-votable by the State legislature
 NOTE: The pension of a HC Judge is charged on the
Consolidated Fund of India and not the State
Transfer of Judges
 The President can transfer a judge from one HC to another,
after consulting the CJI
 Third Judges Case- SC opined that in case of transfers, the CJI
should consult, in addition to the 4 senior-most judges of the
SC, the CJ of the two concerned HCs
Retired Judges
 At any time, the CJ of a HC can request a retired judge of that
HC or any other HC to act as a judge of the HC for a
temporary period
 He can do so only with the previous consent of the President
and the retired judge concerned
 Independence of the HC is the same as that of SC (discussed earlier)
Jurisdiction and Powers of HC
Original jurisdiction
 Matters of admirality, will, marriage, divorce etc.
 Disputes relating to the election of members of Parliament and
State legislatures
 Regarding revenue matter
 Enforcement of FR of citizens
Writ jurisdiction
 Article 226 empowers HCs to issue writs including habeas corpus,
prohibition, certiorari, mandamus and quo-warranto,
 For the enforcement of FRs and for any other purpose (ordinary
legal rights)
Appellate jurisdiction
 It hears appeals against the judgements of subordinate courts
functioning in the territorial jurisdiction- in both civil and criminal
matters
 1997- SC ruled that the tribunals are subject to the writ
jurisdictions of the HCs
Power of Judicial Review- HCs can examine validity of both
Central and State legislations and executive orders
ATISH MATHUR
Supervisory jurisdiction
 A HC has the power of superintendence over all courts and
tribunals functioning in its territorial jurisdiction (Exception:
military courts or tribunals)
 It is revisionary jurisdiction and can be suo-motu
Control over Subordinate Courts
 Consulted by the Governor in matters of appointment, posting
and promotion of district judges
 Deals with matters of posting, promotion, grant of leave etc. of
the members of the judicial service of the State
 Can withdraw cases pending in a subordinate court
 Its law is binding on all subordinate courts functioning in that
territorial jurisdiction
Court of Record
 The judgements and proceedings are recorded for perpetual
memory and testimony. They are recognized as legal precedents
and legal references
 Has the power to punish for contempt of court: contempt may be
civil or criminal
Subordinate Courts
 The organizational structure, jurisdiction and nomenclature of the subordinate judiciary are laid down by the states
 Broadly speaking, there are three tiers of civil and criminal courts below the High Court
High Court

District and Sessions Judge’s Court

(Civil Side) (Criminal Side)

Subordinate Judge’s Court Chief Judicial Magistrate’s
Court

Munsiff’s Court Judicial Magistrate’s Court

ATISH MATHUR
 Criminal Justice System
• Criminal Justice System refers to the agencies of government charged with enforcing law, adjudicating
crime, and correcting criminal conduct.
• The criminal justice system is essentially an instrument of social control:
• Society considers some behaviours so dangerous and destructive that it either strictly controls their
occurrence or outlaws them outright.
• It is the job of the agencies of justice to prevent these behaviours by apprehending and punishing
transgressors or deterring their future occurrence.

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 Judicial Custody vs Police Custody
• Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody
of the concerned Magistrate. In former, the accused is lodged in police station lockup while in latter, it is the jail.
• Soon after the arrest, an accused can be kept in police custody for up to 24 hours. Beyond that, it is the magistrate who decides whether
he/she should stay in police custody or be remanded to judicial custody.

• Police custody can be ex­tended for a maximum period of 15 days. Judicial custody can be extended to a maximum period of 90 days for
offences punishable with more than 10 years of imprisonment, and 60 days for all other offences.

Prisoner’s
Parole
Current Affairs POV: Recently, the Union Ministry of Home Affairs (MHA) has revised the Model Prison Manual, 2016 guidelines related
to parole and furlough.
Note: Prison is a state subject and all states have their own rules for parole, furlough, remission and premature release based on good
conduct of the prisoners.
Parole Furlough
Not a right, granted on special conditions It is a matter of right of prisoners.
Short-term imprisonment Long-term imprisonment
Not included in sentence period Sentence continues with the period
Granted by Divisional Commissioner Granted by DIG of Prisons
No limitation on number Number is restricted

ATISH MATHUR