Question

The Special Court is

• A. Not subordinate to High Court
• B. Superior to High Court
• C. Supplement to High Court
• D. Equal to Supreme Court

Hint:

Understand the basic judicial structure: Supreme Court > High Courts > Subordinate Courts (District Courts, Sessions Courts, Special Courts, Magistrate Courts, etc.). The High Court has superintendence over all courts within its territorial jurisdiction (Article 227).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks about the hierarchical relationship between a 'Special Court' and the High Court. Special Courts are created under various statutes to try specific types of cases (e.g., NIA Act, POCSO Act, Prevention of Corruption Act).

Step 2: Detailed Explanation:
The judicial hierarchy in India is well-defined. The Supreme Court is the apex court. Below it are the High Courts for each state, which have supervisory jurisdiction over all subordinate courts within the state.
Special Courts are generally established at the level of a Sessions Court or are presided over by a judge of that rank. For example, under the Prevention of Corruption Act, a Special Judge must be a Sessions Judge or an Additional Sessions Judge.
As such, these Special Courts are considered subordinate to the High Court of the respective state. The High Court exercises appellate and revisional jurisdiction over the decisions of these Special Courts.
Let's analyze the options:
- (B), (C), (D) are incorrect. A Special Court is not superior, a supplement, or equal to a High Court or Supreme Court. It fits within the existing judicial hierarchy below the High Court.
- (A) Not subordinate to High Court: This statement is legally incorrect. Special Courts are indeed subordinate to the High Court. There seems to be an error in the question or the provided options, as all courts in a state, except the High Court itself, are subordinate to it. However, if the question intends to imply that it's a distinct court, and we must choose the 'best' option, this is a problematic question. Assuming there might be a misunderstanding in the question's phrasing, and re-evaluating, it's possible the question is flawed. But if a choice must be made, it's important to stick to the legal fact: Special Courts ARE subordinate to the High Court. If this was a real exam and the answer key said (A), the justification would have to be very strained, perhaps arguing that 'subordinate' implies direct administrative control in a way that doesn't apply, which is a weak argument. Given the clear legal position, the question is likely flawed. If we assume the question is "Which statement is false?", then (A) would be the answer. But as it stands, it asks for a correct description. No option is perfectly correct. Let's assume there's a typo in (A) and it should have been "Subordinate to High Court".
Given the standard format of such questions, let's reconsider. Perhaps "Not subordinate" is meant in a very narrow, non-supervisory sense, which is unlikely. The most likely scenario is a flawed question. However, in the absence of a "subordinate to High Court" option, we cannot provide a correct answer from the list. If we are to assume the intended answer is (A) as per a faulty key, the logic is non-existent. Let's proceed with the correct legal principle. Legal Principle: All Special Courts are subordinate to the High Court. None of the options reflect this.

Step 3: Final Answer:
This question is flawed as presented. As a matter of law, Special Courts are subordinate to the High Court. None of the options accurately reflect this. Option (A) is factually incorrect.