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:

Be aware that the term "Special Court" can have different meanings under different laws. When faced with such a general question, consider the exception that makes one of the options true. The existence of special courts with direct appeals to the Supreme Court is such an exception.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
Special Courts are established under various statutes to try specific types of cases (e.g., cases under the POCSO Act, Prevention of Corruption Act, NDPS Act, etc.). Their position within the judicial hierarchy needs to be understood in the context of the specific statute that creates them. This question is somewhat ambiguous as it doesn't specify which Special Court. However, let's analyze the general structure.

Step 2: Detailed Explanation:
Generally, Special Courts are presided over by a judge of the rank of a Sessions Judge or Additional Sessions Judge. In the judicial hierarchy, the Sessions Court is subordinate to the High Court. The High Court exercises appellate and supervisory jurisdiction over them under the Cr.PC and the Constitution (Articles 227 and 235).
However, some specific acts create Special Courts with a unique status. For example, under certain acts, an appeal from the Special Court may lie directly to the Supreme Court, bypassing the High Court. An example is the SC/ST (Prevention of Atrocities) Act. In this context, for the purpose of appeal, it is not subordinate to the High Court.
Let's re-evaluate the options based on this complexity:
- (B) Superior to High Court: This is incorrect. No court in a state is superior to the High Court.
- (C) Supplement to High Court: This is vague and not a recognized hierarchical position.
- (D) Equal to Supreme court: This is incorrect.
- (A) Not subordinate to High Court: This is the most plausible answer, though potentially controversial. If the statute provides a direct appeal to the Supreme Court, it effectively removes the Special Court from the appellate jurisdiction of the High Court for those specific cases, making it "not subordinate" in that particular aspect. Given the options, this is the best fit, interpreting "subordinate" in terms of appellate channel. For instance, the National Green Tribunal (NGT) is a special tribunal from which appeals lie directly to the Supreme Court.

Step 3: Final Answer:
Given the options, the most appropriate answer is that a Special Court (in certain contexts where appeal lies directly to the Supreme Court) is not subordinate to the High Court in its appellate hierarchy.