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Which one of the following statements regarding qualifications for appointing special judge under the Prevention of Corruption Act is correct?
Question

Which one of the following statements regarding qualifications for appointing special judge under the Prevention of Corruption Act is correct?

A.

A Judicial Magistrate with three years of experience

B.

'Group A' officer with five years of experience

C.

Additional Sessions Judge

D.

Any lawyer who passes a competitive exam for the purposes of the appointment

Correct option is C

The correct answer is (c) Additional Sessions Judge.

Explanation

The qualifications for the appointment of a Special Judge are explicitly mentioned in Section 3(2) of the Prevention of Corruption Act (PCA), 1988.

According to this section:

"A person shall not be qualified for appointment as a special Judge under this Act unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973 now BNSS 2023."

  • (a) is incorrect: A Judicial Magistrate does not meet the seniority requirement. The Act mandates that the officer must be of the rank of a Sessions Judge (or Additional/Assistant).
  • (b) is incorrect: 'Group A' officers are executive branch officials. The role of a Special Judge is a judicial one and must be held by a member of the judiciary.
  • (c) is correct: As per the statutory requirement mentioned above, an Additional Sessions Judge is qualified for this appointment.
  • (d) is incorrect: Lawyers are not directly appointed as Special Judges through a competitive exam for this specific purpose; the appointee must already be (or have been) a serving member of the higher judiciary (Sessions level).

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