Statement C claims that an order made by an Executive Magistrate is not subject to revisional jurisdiction of the High Court. This is incorrect. Under the Code of Criminal Procedure, 1973 (CrPC), the High Court and Sessions Court have revisional powers over the proceedings and orders of any criminal court inferior to them, which includes Executive Magistrates when they function as criminal courts under specific provisions (e.g., Chapter X relating to public order and tranquility). Statements A, B, and D are generally correct or accepted characterizations under the CrPC. Executive Magistrates are appointed by the state government (A is generally correct, though consultation with HC is specifically required for Judicial Magistrates, not explicitly for Executive Magistrates under CrPC, making A potentially problematic, but C is definitively false about revisional jurisdiction). Executive Magistrates are subordinate to the District Magistrate (B is correct). Executive Magistrates perform certain duties that are considered quasi-judicial (D is generally accepted). Given the options, C is the most definitively incorrect statement regarding a legal process.
Which one of the following statement relating to Executive Magistrate is not correct?
Asked in TNPSC CS Prelims 2017 · Topic: The Governance System (Statutory, Regulatory, and Quasi-Judicial Bodies)
Show answer
Answer: C. Order made by an Executive Magistrate is not subject to revisional jurisdiction of High court
More Indian Polity and Governance questions
- Match the following : Committee Year (a) Goswami committee on electoral re‐ 1. forms 1993 2. (b) Vohra committee report 1998 (c) Indrajit gupta committee on state 3. funding of Elections 2008 (d) The second administrative Reforms 4. Commission 1990
- Consider the following statements about Nuclear Suppliers Group (NSG): 1. The NSG guidelines are implemented by each participating government in accordance with its national laws. 2. The NSG guidelines facilitate the development of nuclear trade. 3. South Africa is the only country from Africa in the NSG. Which of the statements given above is/are correct?
- With which one among the following countries India does not have any defence treaty ?
- With reference to 'Quality Council of India (QCI)', consider the following statements: QCI was set up jointly by the Government of India and the Indian Industry. Chairman of QCI is appointed by the Prime Minister on the recommendations of the industry to the Government. Which of the above statements is/are correct ?
- With reference to the "Tea Board" in India, consider the following statements : 1. The Tea Board is a statutory body. 2. It is a regulatory body attached to the Ministry of Agriculture and Farmers Welfare. 3. The Tea Board's Head Office is situated in Bengaluru. 4. The Board has overseas offices at Dubai and Moscow. Which of the statements given above are correct ?
- When was the CISF inducted at airports ?
- Any book or newspaper or document can be forfeited and seized by an order of the State Government under Section 95 of the Code of Criminal Procedure, 1973, if the same contains any matter, the publication of which is punishable under Sections
- If, during dispersal of an unlawful assembly, an army officer, commanded to disperse it, exceeds his power which had resulted into the death of four women and three children, that army officer can be prosecuted with the sanction of