JUDICIARY

The High Courts:Composition

The number of judges varies from state to state. Each HC has a Chief Justice. President may appoint other judges from time to time.

Qualifications of judges Citizen of India Should have held a judicial office in India for at least 10 years

Or An advocate of a HC for at least 10 years

Appointment CJ of HC shall be appointed by the president of India in

consultation with CJ of SC and the governor of the state. Appointment of other judges shall also be made in the same

manner, in their case, the CJ of HC shall also be consultedConditions of service

Every judge of the HC shall hold office until he attains the age of 62 years

Removal of the judge is exactly the same as the removal of a judge of SC

A judge may resign by writing to the president Judge takes an Oath before the governor prior to entering upon the

Office Restriction on practice after retirement Salary from the consolidated fund of India

Four senior most judges of the SC and CJ of SC’s recommendations are needed by the president to transfer a judge of HC

Jurisdiction Original

HC has the authority to hear and decide in the first instance Cases regarding: wills, divorce, marriage, admiralty, Company law,

contempt of court HCs of Kolkata, Chennai, Mumbai have original jurisdiction in such

civil cases where the value of the disputed property is not les than the specific value

Constitutional cases(every HC has the power to interpret the constitution)- the Power of Judicial Review

Power to Isuue writ for enforcement of fundamental rightsAppelate

In civil cases, the HC hears appeals against decisions of district judge

In criminal cases, the HC hears appeals againsto Sessions Judge or additional Sessions Judge where

sentence of imprisonment exceeds 7 years

o Assistant session Judge , Chief metropolitan magistrate, or other Judicial Magistrates where the sentence of imprisonment exceeds 4 years

o Sentence of death must be confirmed by HCo Appeals by state also lie in the HC when order os acquittal

is passed by a sessions judgeo Matters concerning land revenueo Case where a blatant injustice has been committed by a

tribunalEnforcement of Fundamental Rights and Judicial Review

The power to issue writs for enforcement of fundamental rights or for any other purpose

Judicial Review (guardian and interpreter of the constitution)Other Powers and functions of the High Court

The HC can transfer a case to itself from a lower court HC may call for record of any case decided by a subordinate court

(revisional jurisdiction of the high court) Power of superintendence and control over the subordinate courts

o Detailed reports on the working of courts can be called foro Can regulate practice and proceeding of the courto Control extends to:

Transfer of district judges Recall of district judges who are on deputation Promotion to those holding a position inferior to district

judge and those belonging to the judicial service of the stateo Appointment, posting and promotion of district judge is made by

governor in consultation with the HCo The HC may prescribe forms in which books, entries and accounts

shall be kept by the courtso HC can settle the fees to be allowed to the officers, clerks, and the

advocates of the subordinate courts Appointment of Officers and servants of the High Courts Court of Record

o Its judgments are preserved as record. These can be produced in any court as precedents, binding on all subordinate courts and tribunals

o HC has the power to punish its contemptIndependence and Impartiality of the High Court

Appointment of the judges Security of tenure Salaries charged to the consolidated fund of the State No general discussion w.r.t conduct of any judge Punishment for contempt of court Prohibition of practice after retirement Conditions to transfer a judge of the HC:

o President must consult CJ of India who must consult 4 seniormost judges of the supreme court

o Views of the CJs of both the HCs where transfer is taking placeo Judge is entitled to compensatory allowance

Subordinate Courts: Distinction between Court of the District Judge and Sessions Court.

SUBORDINATE COURTSThe court of the district judge and other courts lower in ranking to it are called subordinate courts

THE CIVIL COURTS Hear cases related to land, property, money transaction etc. Also cases such as arbitration, marriage, divorce, will, guardianship The Court of the District Judge is the highest CIVIL Court of the district Other Civil courts under the District Judge

o Court of Subordinate Civil judge (First class)o The Court of Sub-Judge (Munsif)o Court of small Causes [suits up to Rs. 10,000]

The appeals from the additional district court and the district court lies to the HC

District judge and the additional district juge are appointed by the Governor in consultation with the HC

Eligibility for appointment of DJ or ADJ:o Advocate or pleader of 7 years’ standingo official in the judicial service of union or state

All other judges are appointed by competitive exam held by State PSC Transfer, leave, conditions for service for DJ and ADJ formulated by HC

THE CRIMINAL COURTS Sessions Court: The highest criminal court of the district presided by

District and Sessions Judge Offences such as robbery, dacoities and murders are tried Sessions Judge and additional sessions judge can provide death penalty

only. Must be confirmed by HC.o Chief metropolitan Magistrate or chief Judicial Magistrate:

imprisonment only up to 7 yearso First Class Judicial Magistrate: imprisonment up to 3 years, fine up

to Rs. 5000o Second Class Judicial Magistrate: imprisonment up to 2 years, fine

up to Rs.1000

Appeal

SUBORDINATE COURTS DISTRICT COURT SESSIONS COURTCIVIL CASES CRIMINAL CASES

Appeals: The Sessions judge hears appeals against the CMM and CJM. All persons convicted by the Sessions Court are permitted to appeal to the HC

New Code of Criminal Procedure, 1973o Separation of judiciary from executiveo System of appointing honorary magistrate abolishedo A person cannot be kept in police custody for more that 15 dayso A person cannot be kept in judicial custody for more that 60 days,

after which he will be entitled to be released on bailo A copy of FIR to be given to the informanto Period of detention in jail shall be counted against imprisonmento Legal aid at the expense of the state to be provided to poor

Lok Adalats Meaning: Lok Adalats encourage settlement of disputes through

compromise or settlements between the parties Advantage:

o Types of cases: Matrimonial disputes, Bank Recovery Cases, Pension Cases, accident Claims, Municipal Matters, matters regarding Tax, Bills, Labor disputes, etc.

o LA work in the spirit of compromiseo Speedy and inexpensive justice. Good for the pooro LA can pass awards for those cases which are in pre-litigation

stageo LA reduce workload of other courts, reduce delay in justice