Rajasthan APO 2024 Prelims Paper

Who shall establish a Court of Session for every Sessions Division?

Verified Answer
A. Governor of the State
B. The State Government
C. The High Court of the State
D. President of India

Explanation:

This question pertains to the establishment of Courts of Session, a fundamental aspect of the criminal justice system in India. The relevant provision is found in the Code of Criminal Procedure, 1973 (CrPC). **Analysis of Options:** * **Option (1) Governor of the State:** The Governor is the constitutional head of the state, but the executive power to establish courts, especially subordinate courts like the Court of Session, is typically vested in the State Government, acting through its appropriate departments. The Governor acts on the aid and advice of the Council of Ministers. Therefore, this option is incorrect as the Governor does not directly establish courts. * **Option (2) The State Government:** This is the correct answer. Section 9(1) of the Code of Criminal Procedure, 1973, explicitly states: "The State Government shall establish a Court of Session for every sessions division." This provision clearly delegates the power and responsibility for establishing these courts to the respective State Governments. The State Government, being the executive authority, is responsible for the administrative setup and infrastructure of the judiciary at the district level. * **Option (3) The High Court of the State:** While the High Court exercises superintendence over all courts and tribunals subordinate to it (Article 227 of the Constitution of India) and plays a crucial role in judicial administration, including the appointment, posting, and promotion of district judges, it does not have the power to *establish* a Court of Session. Its role is primarily judicial and supervisory, not legislative or executive in terms of creating new courts. The High Court's involvement is more in consultation and administration rather than establishment. * **Option (4) President of India:** The President of India is the constitutional head of the Union. The establishment of Courts of Session falls under the purview of state administration and the CrPC, which is a concurrent subject. The President's role is primarily at the Union level, including the appointment of Supreme Court and High Court judges, but not the establishment of subordinate courts within states. Therefore, this option is incorrect. In conclusion, the power to establish a Court of Session for every sessions division rests squarely with the State Government as mandated by Section 9(1) of the CrPC, 1973. This ensures that the state, which is responsible for law and order within its territory, also provides the necessary judicial infrastructure.