38.High Courts & Subordinate Courts Flashcards
1
Q
What are the qualifications required to become a High Court judge in India?
A
The qualifications required to become a High Court judge in India are being a citizen of India and having either held a judicial office in the territory of India for at least ten years or been an advocate of a High Court or high courts in succession for at least ten years.
2
Q
Is there any prescribed minimum age for the appointment of a High Court judge?
A
No, the Indian constitution does not prescribe any minimum age for the appointment of a High Court judge.
3
Q
What is the procedure for taking an oath by a newly appointed High Court judge?
A
A person appointed as a judge of a High Court in India has to make and subscribe an oath or affirmation before the governor of the state or a person appointed by him for this purpose, before entering upon his office.
4
Q
Who determines the salaries, allowances, privileges, leave, and pension of the judges of a High Court?
A
The salaries, allowances, privileges, leave, and pension of the judges of a High Court are determined from time to time by the Parliament.
5
Q
How are the salaries and allowances of High Court judges determined?
A
The salaries, allowances, privileges, leave, and pension of the judges of a High Court are determined by the Parliament.
6
Q
What factors are considered for the tenure, removal, and transfer of High Court judges?
A
The factors considered for the tenure, removal, and transfer of High Court judges are not mentioned in the given text and may vary based on the legal provisions and constitutional requirements.
7
Q
Can a person become a High Court judge without being a citizen of India?
A
No, a person must be a citizen of India to become a High Court judge.
8
Q
How long should a person have held a judicial office in India to qualify as a High Court judge?
A
To qualify as a High Court judge, a person should have held a judicial office in the territory of India for at least ten years.
9
Q
What is the role of the governor in the appointment of High Court judges?
A
The governor of the state or a person appointed by the governor is responsible for administering the oath or affirmation to a newly appointed High Court judge.
10
Q
Are High Court judges entitled to a pension?
A
Yes, High Court judges are entitled to a pension, which is determined by the Parliament.
11
Q
Has the Indian constitution fixed a specific tenure for High Court judges?
A
No, the Indian constitution has not fixed any specific tenure for High Court judges.
12
Q
Until what age do High Court judges hold office?
A
High Court judges hold office until the age of 62 years.
13
Q
To whom should a judge of the High Court submit their resignation if they wish to resign?
A
If a judge of the High Court wishes to resign, they should submit their resignation to the President of India.
14
Q
Who has the power to remove a judge of the High Court?
A
The President of India, upon the recommendation of Parliament, has the power to remove a judge of the High Court, similar to the provisions mentioned in Article 124(4) for the removal of a judge of the Supreme Court.
15
Q
When does a High Court judge vacate their office?
A
A High Court judge vacates their office when they are appointed as a judge of the Supreme Court or when they are transferred to another High Court.
16
Q
Who decides the age-related questions concerning a High Court judge?
A
If any question arises about the age of a judge of a High Court, the President of India decides such questions. The decision is made after consulting with the Chief Justice of India, and the President’s decision in this regard is considered final.
17
Q
Who has the authority to issue removal orders for High Court judges?
A
The President of India has the authority to issue removal orders for High Court judges.
18
Q
What is the requirement for the parliament to issue a removal order for a High Court judge?
A
The parliament must present an address to the President, supported by a special majority, in the same parliamentary session to issue a removal order for a High Court judge.
19
Q
What are the grounds for removal of a High Court judge?
A
The grounds for removal of a High Court judge are proved misbehavior and incapacity, similar to the removal of a Supreme Court judge.
20
Q
What is the procedure for initiating a removal motion for a High Court judge?
A
A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is given to the Speaker/Chairman, who may admit or refuse to admit the motion.
21
Q
Who constitutes the committee to investigate the charges against a High Court judge?
A
The Speaker/Chairman constitutes a three-member committee consisting of the chief justice or a judge of the Supreme Court, a chief justice of a High Court, and a distinguished jurist to investigate the charges against a High Court judge.
22
Q
What happens if the committee finds the High Court judge guilty of misbehavior or incapacity?
A
If the committee finds the High Court judge guilty of misbehavior or incapacity, the House can consider the motion for removal.
23
Q
What is the majority required for the motion to remove a High Court judge?
A
The motion for removal of a High Court judge must be passed by each House of Parliament by a special majority.
24
Q
What happens after the motion for removal is passed by both Houses of Parliament?
A
After the motion for removal is passed by both Houses of Parliament, an address is presented to the President for the removal of the judge.
25
What is the final step in the removal process of a High Court judge?
The President passes an order for the removal of the High Court judge.
26
Which act regulates the procedure for the removal of a High Court judge by impeachment?
The Judges Enquiry Act (1968) regulates the procedure for the removal of a High Court judge by impeachment.
27
Who has the authority to transfer High Court judges?
The President of India, after consultation with the Chief Justice of India, has the authority to transfer High Court judges.
28
What additional entitlement does a judge receive when transferred to another High Court?
When a judge is transferred to another High Court, they are entitled to receive, in addition to their salary, a compensatory allowance. The amount of the compensatory allowance is determined by Parliament by law or, until determined, as fixed by the President.
29
How is the transfer of High Court judges typically carried out in practice?
In practice, the High Court collegium recommends the name of a judge to the Supreme Court Collegium. The Supreme Court Collegium then sends the recommended name to the President for final approval.
30
Which amendment to the Constitution introduced the provision regarding compensatory allowances for transferred judges?
The provision regarding compensatory allowances for transferred judges was introduced by the Constitution (Fifteenth Amendment) Act, 1963.
31
Who is consulted before the President makes a decision on transferring a High Court judge?
The Chief Justice of India is consulted by the President before making a decision on transferring a High Court judge.
32
How is the compensatory allowance for transferred judges determined?
The compensatory allowance for transferred judges is determined by Parliament through legislation. If not determined by law, the President has the authority to fix the compensatory allowance by order.
33
What is the purpose of consulting the Chief Justice of India in the transfer of High Court judges?
Consulting the Chief Justice of India ensures that the decision to transfer a High Court judge takes into account the expertise and requirements of the judiciary as a whole.
34
Does the President have the final approval in the transfer of High Court judges?
Yes, the President has the final approval in the transfer of High Court judges based on the recommendation received from the Supreme Court Collegium.
35
What amendment to the Constitution introduced Article 222, which deals with the transfer of High Court judges?
Article 222, which deals with the transfer of High Court judges, was introduced by an unspecified amendment to the Constitution.
36
What is the role of the Supreme Court Collegium in the transfer of High Court judges?
The Supreme Court Collegium plays a role in the transfer of High Court judges by recommending the name of a judge to be transferred to the President for final approval.
37
Why are parliamentary privileges largely uncodified and unenumerated?
The powers, privileges, and immunities of Parliament and its members, as stated in Article 105 of the Constitution, are largely uncodified and unenumerated. This is because there is room for a large number of privileges to continue without being legally codified.
38
What are the reasons for the absence of legal codification of parliamentary privileges?
The reasons for the absence of legal codification of parliamentary privileges may vary, but one possible reason is that it allows flexibility and adaptation to changing circumstances. Additionally, the nature of parliamentary privileges may involve matters that are best left to the discretion of the Parliament itself.
39
How can the problem of uncodified parliamentary privileges be addressed?
The problem of uncodified parliamentary privileges can be addressed by enacting comprehensive legislation that clearly defines and codifies the privileges and immunities of Parliament and its members. This would provide a clear framework and legal certainty regarding the scope and limitations of these privileges.
40
What is the process for High Court appointments in India?
The process for High Court appointments begins with the High Court collegium recommending names. The file then moves to the state government, the central government, and finally to the Supreme Court collegium after gathering intelligence reports on the recommended candidates.
41
How long does the High Court appointment process typically take?
The High Court appointment process often takes over a year due to various stages involving the High Court collegium, state government, central government, and Supreme Court collegium.
42
What happens once the Supreme Court collegium clears the names for High Court appointments?
Once the Supreme Court collegium clears the names for High Court appointments, there can still be a delay at the government level for final approval and appointment.
43
Can the government request the collegium to reconsider a recommendation for High Court appointments?
Yes, if the government wants the collegium to reconsider a recommendation, the file is sent back, and the collegium can choose to reiterate or withdraw its decision.
44
Who heads the Supreme Court Collegium?
The Chief Justice of India (CJI) heads the Supreme Court Collegium, which serves as the reviewing authority for the recommendations sent by the High Courts.
45
Why is it considered unacceptable for the CJI to sit in the Collegium to review recommendations after sending them to the High Court?
It is considered unacceptable for the CJI to sit in the Collegium to review recommendations after sending them to the High Court to avoid any potential bias or conflicts of interest. The CJI's role is primarily to head the Collegium and act as the final authority in the appointment process.
46
What is the purpose of gathering intelligence reports on the candidates recommended for High Court appointments?
Gathering intelligence reports on the candidates recommended for High Court appointments helps in assessing their suitability and integrity for the judicial role, ensuring the selection of competent and credible individuals.
47
Under what circumstances can a judge of a high court be appointed as an acting chief justice?
A judge of a high court can be appointed as an acting chief justice when the office of the chief justice is vacant, the chief justice is temporarily absent, or the chief justice is unable to perform the duties of the office.
48
What is the maximum duration for the appointment of additional judges in a high court?
Additional judges can be appointed in a high court for a temporary period not exceeding two years.
49
What are the reasons for the appointment of additional judges in a high court?
Additional judges can be appointed in a high court when there is a temporary increase in the business of the court or when there are arrears of work in the court.
50
Who can request a retired judge to act as a judge of a high court for a temporary period?
The chief justice of a high court can request a retired judge of that high court or any other high court to act as a judge of the high court of that state for a temporary period.
51
What are the restrictions on a retired judge's practice after retiring from a high court?
After retiring from a high court, a judge can only plead in any other high court or the Supreme Court. They are restricted from practicing in the same high court from which they retired.
52
What article of the Constitution deals with the appointment of acting chief justices?
Article 223 of the Constitution deals with the appointment of acting chief justices in high courts.
53
What article of the Constitution allows for the appointment of additional judges in a high court?
The appointment of additional judges in a high court is allowed under the provisions of the Constitution, although the specific article is not mentioned in the given text.
54
Who has the authority to appoint additional judges in a high court?
The President of India has the authority to appoint additional judges in a high court.
55
Can a retired judge act as a judge in any high court or only in the high court from which they retired?
A retired judge can act as a judge in any other high court or the Supreme Court, not necessarily limited to the high court from which they retired.
56
What is the purpose of appointing additional judges in a high court?
The appointment of additional judges helps to handle temporary increases in court workload or clear arrears of work, ensuring the efficient functioning of the high court.
57
What are the matters covered under the original jurisdiction of a High Court?
The original jurisdiction of a High Court includes matters of admiralty and contempt of court, disputes related to the election of members of Parliament and state legislature, revenue matters or acts ordered or done in revenue collection, enforcement of fundamental rights of citizens, and cases involving the interpretation of the Constitution that are transferred from subordinate courts.
58
Which specific high courts have original civil jurisdiction in cases of higher value?
The four high courts with original civil jurisdiction in cases of higher value are the Calcutta High Court, Bombay High Court, Madras High Court, and Delhi High Court.
59
What types of cases fall under the admiralty jurisdiction of a High Court?
Cases related to admiralty matters, which involve maritime disputes and issues pertaining to ships, cargo, and navigation, fall under the admiralty jurisdiction of a High Court.
60
Which court has jurisdiction over cases of contempt of court?
The High Court has jurisdiction over cases of contempt of court, where individuals or entities are charged with disrespecting or obstructing the administration of justice.
61
What types of disputes regarding elections are within the jurisdiction of a High Court?
A High Court has jurisdiction over disputes relating to the election of members of Parliament and state legislature, ensuring fairness and legality in the electoral process.
62
In what circumstances can a High Court enforce the fundamental rights of citizens?
A High Court can enforce the fundamental rights of citizens when there is a violation or infringement of these rights, providing a legal remedy to protect individual liberties.
63
When can a High Court transfer a case from a subordinate court to its own file?
A High Court can transfer a case from a subordinate court to its own file when the case involves the interpretation of the Constitution, ensuring uniformity and consistency in constitutional matters.
64
What types of matters fall under the jurisdiction of a High Court regarding revenue?
A High Court has jurisdiction over matters related to revenue, including disputes or acts ordered or done in revenue collection, ensuring proper administration and legal compliance in revenue-related issues.
65
Can the jurisdiction and powers of High Courts vary across different regions in India?
Yes, the jurisdiction and powers of High Courts can vary across different regions in India based on the specific provisions and laws governing each High Court's jurisdiction.
66
What is the significance of a High Court's original civil jurisdiction in cases of higher value?
A High Court's original civil jurisdiction in cases of higher value allows it to directly hear and decide significant civil matters with substantial financial implications, providing efficient and specialized resolution for such cases.
67
What is the purpose of Article 226 of the Constitution?
Article 226 empowers a high court to issue writs for the enforcement of fundamental rights and for any other purpose.
68
What are the types of writs that a high court can issue under Article 226?
A high court can issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo warranto.
69
Can a high court issue writs outside its territorial jurisdiction?
Yes, a high court can issue writs not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction.
70
Is the writ jurisdiction of a high court exclusive or concurrent with the Supreme Court?
The writ jurisdiction of a high court under Article 226 is concurrent with the writ jurisdiction of the Supreme Court.
71
How does the writ jurisdiction of a high court compare to that of the Supreme Court?
The high court has larger writ jurisdiction compared to the Supreme Court. While both can issue writs on similar grounds, the high court can also issue writs for any other purposes apart from fundamental rights.
72
What did the Supreme Court rule in the L Chandra case regarding the writ jurisdiction of the high court and the Supreme Court?
In the L Chandra case, the Supreme Court ruled that the writ jurisdiction of both the high court and the Supreme Court constitutes a part of the basic structure of the Constitution and cannot be ousted or excluded, even through a constitutional amendment.
73
What is the significance of the writ of habeas corpus?
The writ of habeas corpus is a legal remedy that ensures a person's right to be brought before a court to determine if their detention or imprisonment is lawful, protecting individual liberty.
74
When can a high court issue the writ of mandamus?
A high court can issue the writ of mandamus to compel a public official or authority to perform their duties or to restrain them from acting beyond their jurisdiction.
75
What is the purpose of the writ of certiorari?
The writ of certiorari is used to quash the orders or decisions of lower courts or tribunals that are found to be without jurisdiction or in violation of principles of natural justice.
76
How does the writ jurisdiction of the high court contribute to the protection of fundamental rights?
The high court's writ jurisdiction allows it to safeguard the fundamental rights of citizens by issuing appropriate writs to ensure their enforcement and protection from any violation or infringement.
77
What types of appeals can be filed in the high court in civil matters?
In civil matters, first appeals on both questions of law and fact can be filed directly to the high court if the amount exceeds the stipulated limit. Second appeals involving questions of law only can also be filed in the high court. Intra-court appeals and appeals from administrative and other tribunals are also heard by the high court.
78
Which high courts have provisions for intra-court appeals?
The Calcutta, Bombay, and Madras High Courts have provisions for intra-court appeals, allowing appeals from the decisions of a single judge of the high court to be heard by a division bench of the same high court.
79
What types of appeals can be filed in the high court in criminal matters?
In criminal matters, appeals from the judgments of sessions courts and additional sessions courts can be filed in the high court if the sentence is one of imprisonment for more than seven years. Appeals from judgments of assistant sessions judges, metropolitan magistrates, and other magistrates (judicial) are also heard by the high court in specific cases specified in the Criminal Procedure Code (1973).
80
Can appeals be filed in the high court for both questions of law and fact in criminal matters?
Yes, appeals can be filed in the high court for both questions of law and fact in criminal matters, depending on the nature of the case and the prescribed conditions.
81
Are appeals from administrative and other tribunals heard in the high court?
Yes, appeals from the decisions of administrative and other tribunals are heard in the high court by the division bench of the state high court.
82
Can appeals from the decisions of tribunals be subject to the writ jurisdiction of the high courts?
Yes, in 1997, the Supreme Court ruled that the tribunals are subject to the writ jurisdiction of the high courts, allowing the high courts to exercise their power of issuing writs to ensure justice and legality in tribunal decisions.
83
What is the supervisory jurisdiction of a high court?
The supervisory jurisdiction of a high court allows it to exercise control and oversight over all courts and tribunals functioning within its territorial jurisdiction, except military courts or tribunals.
84
What powers does a high court have under its supervisory jurisdiction?
Under its supervisory jurisdiction, a high court can call for returns from other courts and tribunals, make and issue general rules, prescribe forms for regulating their practice and proceedings, and determine the fees payable to various personnel associated with these courts and tribunals.
85
Can a high court prescribe forms for record-keeping by other courts and tribunals?
Yes, a high court can prescribe forms in which books, entries, and accounts are to be kept by other courts and tribunals as part of its supervisory jurisdiction.
86
Does the supervisory jurisdiction of a high court extend to military courts or tribunals?
No, the supervisory jurisdiction of a high court does not extend to military courts or tribunals. The high court's authority is limited to non-military courts and tribunals within its territorial jurisdiction.
87
How does a high court exercise control over other courts and tribunals?
A high court exercises control over other courts and tribunals through its power of superintendence, which allows it to issue directions, set rules, and ensure the proper functioning of these subordinate judicial bodies.
88
What control does a high court have over subordinate courts?
A high court has administrative control over subordinate courts and exercises powers such as appointment, posting, promotion, and discipline of judicial service members (excluding district judges). It can also withdraw cases involving substantial questions of law for interpretation and return them with its judgment.
89
How is a high court involved in the appointment process of district judges?
The governor consults the high court in matters of appointment, posting, and promotion of district judges. The high court plays a role in ensuring the proper selection and appointment of district judges in the state.
90
Can a high court intervene in cases pending in subordinate courts?
Yes, a high court can withdraw a case pending in a subordinate court if it involves a substantial question of law requiring the interpretation of the Constitution. The high court can either dispose of the case itself or determine the question of law and return the case to the subordinate court with its judgment.
91
What is the binding effect of a high court's law on subordinate courts?
The law declared by a high court is binding on all subordinate courts within its territorial jurisdiction, similar to the binding effect of the law declared by the Supreme Court on all courts in India.
92
What are the powers of a high court as a court of record?
As a court of record, a high court's decisions are considered precedents and must be followed by lower courts in the state. The high court also possesses the power of judicial review, allowing it to review the actions of the executive and legislative branches to ensure their conformity with the Constitution and laws.
93
What does Article 230 of the Constitution allow?
Article 230 allows Parliament to extend or exclude the jurisdiction of a High Court from any Union territory through the enactment of a law.
94
What is the provision under Article 231 of the Constitution?
Article 231 empowers Parliament to establish a common High Court for two or more States or for two or more States and a Union territory through the enactment of a law.
95
What recent news has the Supreme Court agreed to consider?
The recent news states that the Supreme Court has agreed to consider a proposal from the Supreme Court Bar Association for the elevation of Supreme Court lawyers as High Court judges.
96
What is the proposal made by the Supreme Court Bar Association?
The Supreme Court Bar Association has proposed the elevation of Supreme Court lawyers as High Court judges. This proposal is currently being considered by the Supreme Court.
97
How can the jurisdiction of a High Court be extended or excluded from a Union territory?
The jurisdiction of a High Court can be extended or excluded from a Union territory through the enactment of a law by Parliament, as provided in Article 230 of the Constitution.
98
What is the purpose of the 'FASTER' scheme?
The 'FASTER' scheme aims to enable the Supreme Court of India to electronically transmit bail and other orders to jail authorities, district courts, and high courts, ensuring swift and secure delivery of orders.
99
Who introduced the 'FASTER' scheme?
The 'FASTER' scheme was announced by N.V. Ramana, the former Chief Justice of the Supreme Court of India.
100
What is the objective of the scheme?
The scheme is designed to eliminate delays in the implementation of orders passed by the Supreme Court by instantly transmitting the orders to concerned prisons, district courts, and high courts through a secure communication channel.
101
Why was there a need for electronic records and faster transmission of orders?
The need for electronic records and faster transmission of orders arose due to instances of delays in implementing orders and specific cases of prisoners not being released despite being granted bail by the Supreme Court. There were concerns about fudging court orders and the insistence of prison authorities on receiving hard copies, causing delays and infringing on personal liberty.
102
What prompted the judiciary to take action?
The delay by Uttar Pradesh authorities in releasing 13 prisoners who were granted bail by the Supreme Court compelled the judiciary to take suo-motu cognizance. These prisoners, who were juveniles at the time of the offense, had been lodged in Agra Central jail for extended periods, and their case highlighted the need for a more efficient system to prevent such delays in the future.
103
What is the aim of the 'FASTER' scheme?
The aim of the 'FASTER' scheme is to ensure timely implementation of orders passed by the Supreme Court, saving time and effort, and preventing delays that can lead to injustice.
104
What directive did the Chief Justice of India give to all states regarding internet connection in jails?
The Chief Justice of India directed all states to respond regarding the availability of internet connection in jails across the nation as it is necessary for the transmission of orders to prisons under the 'FASTER' scheme.
105
Who will be responsible for formulating the 'FASTER' scheme?
The 'FASTER' scheme will be formulated by the Secretary General of the Supreme Court with the cooperation of the Solicitor General.
106
What has the apex court done to decongest prisons amid the COVID-19 pandemic?
The apex court has made concerted moves in recent months to decongest prisons amid the COVID-19 pandemic.
107
What directive did the CJI give in May regarding arrests during the pandemic?
In May, the Chief Justice of India ordered the police to limit arrests during the pandemic to prevent overcrowding of jails and urged courts to avoid ordering detention in a mechanical manner.
108
What is being done to address the issue of pendency and other problems in the judiciary?
Technological interventions in the form of e-courts are being established to address the issue of pendency and other problems.
109
How have the Supreme Court and High Courts been functioning amidst the Covid-19 pandemic?
Despite some hiccups due to the Covid-19 pandemic, the Supreme Court and High Courts have been able to function online.
110
What is the objective of Phase III of the e-courts Project?
The objective of Phase III of the e-courts Project is to create a 360-degree profile of each person by integrating all of their interactions with government agencies into a unified database.
111
How is data exchanged between various branches of the State in the Interoperable Criminal Justice System (ICJS)?
Data is exchanged between various branches of the State, such as between the judiciary, the police, and the prison systems, through the Interoperable Criminal Justice System (ICJS).
112
How much funding has the Centre approved for Judicial Infrastructure?
The Centre has recently approved Rs 9000 crore for Judicial Infrastructure.
113
What is the proposed agency to monitor infrastructure development in trial courts?
The proposed agency is the National Judicial Infrastructure Corporation (NJIC), which was proposed by Ex. CJI N.V. Ramana.
114
What did the all-India survey conducted by the Chief Justice of India's office reveal?
The survey revealed a substantial gap in infrastructure and availability of basic amenities in the lower judiciary, such as court halls, residential accommodation, and waiting rooms for litigants in trial courts, especially in smaller towns and rural areas.
115
What deficiencies were found in the survey regarding the infrastructure of the subordinate judiciary?
The survey found that only 27 percent of courtrooms in the subordinate judiciary have computers on judges' dias, and 10 percent of courts do not have access to proper internet facilities.
116
Why is the National Judicial Infrastructure Corporation (NJIC) proposed?
The NJIC is proposed to address the deficiencies in judicial infrastructure and ensure the proper use of allocated funds to improve court premises. It will act as an independent body to supervise and execute works related to enhancing judicial infrastructure.
117
Who has the Chief Justice of India discussed his proposal with?
The Chief Justice of India has discussed his proposal with the chief justices of high courts.
118
What percentage of trial court complexes lack toilet facilities for women?
According to the survey, 22 percent of trial court complexes do not have any toilet facilities for women.
119
How many court complexes operate from rented premises?
The survey found that 620 court complexes still operate from rented premises.
120
How many court complexes have basic medical facilities?
Only 54 percent of the total court complexes have basic medical facilities, according to the survey.
121
How many court halls are there compared to the number of judicial officers in trial courts?
The survey revealed that there are approximately 24,280 judicial officers in trial courts, but only 20,143 court halls.
122
What percentage of trial courts have a separate room for staff attached to judges?
About 55 percent of the trial courts surveyed have a separate room for staff attached to judges.
123
How many trial courts have centralized filing centers?
Only 55 percent of the trial courts surveyed have centralized filing centers.
124
What percentage of court complexes have a waiting area for litigants?
The survey found that only 33 percent of court buildings have a waiting area for litigants.
125
How many judges serving in trial courts live in rented residential accommodation?
Over 3,900 judges serving in trial courts live in rented residential accommodation, according to the survey.
126
How many courts have meeting halls for judges?
The survey revealed that at least 83 percent of courts do not have meeting halls for judges.
127
What percentage of courts have provisions to make access easier for people with disabilities?
Of the 6,000 courts surveyed, 67 percent do not have provisions to make access easier for people with disabilities.
128
What is one of the primary reasons for the infrastructural lag in trial courts?
According to sources, one of the primary reasons for the infrastructural lag in trial courts is the lack of funds.
129
How are funds allocated for the development of judicial infrastructure?
Funds for the development of judicial infrastructure are extended by the central government and states under the Centrally-Sponsored Scheme for Development of Judiciary Infrastructure.
130
What is the fund sharing ratio between the Centre and states under the scheme?
Under the scheme, the fund sharing ratio between the Centre and states is 60:40 for most states, except for those in the Northeast and the Himalayan region where it is 90:10.
131
Why is money allocated under the scheme often left unspent by the states?
According to sources, states do not come forward with their share of funds, resulting in the money allocated under the scheme being left unspent. In some cases, states have also transferred part of the fund for non-judicial purposes.
132
Why do most district judges not vigorously pursue development projects?
Most district judges, who head trial courts, do not vigorously pursue development projects due to short-term appointments and transferable jobs, among other reasons.
133
What is the role of the National Judicial Infrastructure Corporation (NJIC)?
The NJIC will be a specialized body with a guiding role to monitor the execution of infrastructure projects in trial courts and ensure that funds are properly utilized.
134
What was the basic idea behind establishing the NJIC?
The basic idea behind establishing the NJIC was to provide HC chief justices, who often undertake infrastructure-related projects in trial courts, with an agency that can oversee the execution of such projects without being dependent on state governments.
135
Will the National Judicial Infrastructure Corporation (NJIC) be involved in judicial appointments in trial courts?
No, the NJIC will not be involved in judicial appointments in trial courts. Appointments will continue to be made by the state governments and the respective high courts.
136
How will the funds be allocated to the high courts by the NJIC?
Both the central and state governments will contribute their share of funds outlined in the centrally-sponsored scheme to the NJIC, which will then release the finances to the high courts according to their requirement.
137
What is the likely structure of the NJIC?
The structure of the NJIC is likely to be modeled on the National Legal Services Authority (NALSA). It will include the CJI as the patron, two senior SC judges, the finance secretary from the central government, two to three senior chief justices of state HCs, and a member of the Niti Aayog.
138
Will each state have its own local corporation under the NJIC?
Yes, each state is likely to have a local corporation under the NJIC. It will be led by the state HC chief justice along with a senior judge and senior state government bureaucrats.
139
What will be the role of the NJIC in policy changes?
The NJIC will not suggest any major policy changes but will give complete freedom to high courts to come up with projects to strengthen ground-level courts. It may recommend a model structure for court complexes, courtrooms, or waiting areas for litigants, but it will be up to the high courts to adopt and modify the suggestions according to their requirements.
140
Who suggested the establishment of a central agency for overseeing infrastructure development in subordinate courts?
Chief Justice Ramana suggested the establishment of one central agency, with a degree of autonomy, for overseeing infrastructure development of subordinate courts in India.
141
How much of the sanctioned funds for infrastructure development in courts was utilized by five states in 2019-20?
Only Rs. 84.9 crore out of the total sanctioned amount of ₹981.98 crore was utilized by five states, rendering the remaining 91.36% funds unused.
142
When was the Centrally Sponsored Scheme (CSS) introduced for infrastructure development in the courts?
The CSS was introduced in 1993-94, and the issue of underutilization of funds has been persisting for nearly three decades.
143
What is the total sanctioned strength of judicial officers in India, and how does it compare to the number of available court halls?
The total sanctioned strength of judicial officers in the country is 24,280, but the number of available court halls is just 20,143, including 620 rented halls.
144
What percentage of court complexes lack separate toilets for women and men?
Approximately 26% of court complexes do not have separate ladies' toilets, and 16% do not have gents' toilets.
145
What percentage of courtrooms have separate record rooms and library facilities?
Only 32% of courtrooms have separate record rooms, and only 51% of court complexes have a library.
146
How many court complexes have basic medical facilities?
Only 5% of court complexes have basic medical facilities.
147
What percentage of courtrooms have a computer with video conferencing facility?
Only 27% of courtrooms have a computer placed on the judge's dais with video conferencing facility.
148
Which state utilized the highest amount of funds released under the CSS in 2020-21?
Rajasthan utilized Rs. 41.28 crore out of the Rs. 594.36 crore released under the CSS in 2020-21.
149
What was the total utilization of funds submitted by 11 states in 2018-19 under the CSS?
In 2018-19, 11 states submitted utilization certificates for a total of Rs. 225 crores out of the Rs. 650 crores released by the Centre.
150
What is the current fund-sharing pattern of the CSS?
The current fund-sharing pattern of the CSS is 60:40 (Centre: State) for most states, 90:10 for the eight north-eastern and three Himalayan states, and 100% funding for the Union Territories.
151
What is the purpose of a judge recusing themselves from hearing a case?
When there is a conflict of interest or a perceived bias, a judge can withdraw from hearing a case to prevent creating a perception of bias while deciding the case.
152
Why did the Chief Justice of India (CJI) recuse himself from a case involving the Krishna river water dispute between Andhra Pradesh and Telangana?
The CJI, who hails from Andhra Pradesh, recused himself after Andhra Pradesh rejected the suggestion of mediation. The CJI ordered the case to be listed before another bench.
153
What is the origin of the term "recusal"?
The term "recusal" has its roots in the English Roman Catholic concept of "recusant," which was used to label people who refused to attend services of the Church of England.
154
Why did the development of the law of recusal of judges become necessary?
With the advent of constitutionalism and the principles of the rule of law, the development of the law of recusal of judges became necessary to ensure independence and impartiality in the judicial system.
155
According to Sir Stephen Sedley, why is recusal important in the judicial system?
Sir Stephen Sedley, a former Judge of the Court of Appeal of England and Wales, explains that recusal is important to underpin the twin pillars of independence and impartiality, which are essential for the administration of justice.
156
Why would a judge recuse themselves from hearing a case?
A judge would recuse themselves when there is a conflict of interest or a perception of bias, to ensure fair decision-making.
157
What are some examples of conflicts of interest that may lead to a judge's recusal?
Examples include holding shares in a company involved in the case or having a prior or personal association with one of the parties in the case.
158
What is the underlying principle behind the practice of recusal?
The practice of recusal is based on the cardinal principle of due process of law that nobody can be a judge in their own case.
159
Why is it important for a judge to recuse when there is an interest or conflict of interest?
It is important for a judge to recuse in such cases to maintain fairness and ensure that justice is served impartially.
160
Can a judge recuse themselves from hearing an appeal if they previously delivered a judgment on the same case in a lower court?
Yes, a judge may recuse themselves when an appeal is filed in a higher court against a judgment they had previously delivered in a lower court.
161
Who makes the decision to recuse in a case?
The decision to recuse generally comes from the judge herself, based on her conscience and discretion.
162
Can parties or lawyers in the case request a judge to recuse?
Yes, in certain circumstances, parties or lawyers in the case can bring up the potential conflict of interest before the judge.
163
What happens if a judge decides to recuse from a case?
If a judge recuses, the case is then listed before the Chief Justice to be assigned to a fresh bench.
164
Are there formal rules governing recusals?
No, there are no formal rules governing recusals, although there have been several Supreme Court judgments dealing with the issue.
165
What is the test for determining the likelihood of bias in recusal cases?
According to the Supreme Court judgment in Ranjit Thakur v Union of India (1987), the test is the reasonableness of the apprehension in the mind of the party involved.
166
What does the 'Restatement of Values in Judicial Life' state regarding judges' interests in a company?
According to the 1999 charter, a judge should not hear and decide a matter involving a company in which they hold shares unless they have disclosed their interest and no objection is raised.
167
Who has the authority to decide whether to recuse or not?
The decision to recuse or not rests with the judge.
168
Have there been cases where judges refused to recuse themselves?
Yes, there have been cases where judges have refused to withdraw from a case despite requests for recusal.
169
Can you provide an example of a judge refusing to recuse?
In 2019, Justice Arun Mishra controversially refused to recuse himself from a Constitution Bench despite requests, reasoning that the request was an excuse for "forum shopping" and could compromise judicial independence.
170
What was the reason behind Justice U U Lalit's recusal in the Ayodhya-Ram Janmabhoomi case?
Justice U U Lalit recused himself from the Constitution Bench after parties pointed out that he had appeared as a lawyer in a criminal case related to the Ayodhya-Ram Janmabhoomi case.
171
In the case challenging the appointment of M. Nageswara Rao as interim director of the CBI, how many judges recused themselves?
Three judges recused themselves in that case.
172
Why did Justice A.K. Sikri recuse himself in the CBI Director appointment case?
Justice A.K. Sikri recused himself, presumably because he was part of a panel that had removed the previous CBI Director from his post.
173
Why did Justice N.V. Ramana recuse himself in the CBI Director appointment case?
Justice N.V. Ramana recused himself for personal reasons in the CBI Director appointment case.
174
Are judges required to record reasons for recusal?
No, there are no formal rules requiring judges to record reasons for recusal.
175
How do some judges disclose their reasons for recusal?
Some judges disclose their reasons for recusal in open court.
176
In which cases did the Supreme Court judges recuse themselves relating to West Bengal?
The Supreme Court judges who have recused themselves from cases relating to West Bengal had previously served as judges in the Calcutta High Court. The recusal cases are related to post-poll violence in the state and the Narada scam.
177
What did Justice Kurian Joseph and Justice Madan Lokur mention in their landmark verdict in 2015?
In their 2015 verdict declaring the National Judicial Appointments Commission as unconstitutional, Justice Kurian Joseph and Justice Madan Lokur referred to the need for judges to provide reasons for recusal, aiming to enhance transparency and potentially establish rules governing the process.
178
What is one issue associated with recusal?
One issue with recusal is the potential delay in the judicial process.
179
How can a mistaken case of recusal undermine judicial independence?
A mistaken case of recusal can undermine judicial independence and be just as destructive to the rule of law as cases where a judge refuses to recuse despite the presence of bias.
180
What was the stance of the Constitutional Court of South Africa on judicial officers and pressure?
The Constitutional Court of South Africa held that judicial officers must resist all forms of pressure, regardless of its source, to fulfill their constitutional duty and maintain the independence of the judiciary and the Constitution itself.
181
What did the Constitutional Court of South Africa state about the nature of the judicial function?
The Constitutional Court of South Africa stated that the nature of the judicial function involves the performance of difficult and sometimes unpleasant tasks, which judicial officers must carry out while upholding their constitutional duty.
182
What are the two types of contempt of court mentioned in the Contempt of Courts Act, 1971?
The two types of contempt of court mentioned in the act are civil contempt and criminal contempt.
183
What constitutes civil contempt according to the Contempt of Courts Act?
Civil contempt refers to wilful disobedience to a court's judgment, decree, direction, order, writ, or other process, or wilful breach of an undertaking given to a court.
184
What actions can be considered criminal contempt under the Contempt of Courts Act?
Criminal contempt includes the publication of any matter or the doing of any act that scandalizes or tends to scandalize, lowers or tends to lower the authority of any court, prejudices or interferes with the due course of judicial proceedings, or obstructs the administration of justice in any other manner.
185
What are the potential punishments for contempt of court?
A contempt of court may be punished with simple imprisonment for up to six months, a fine of up to two thousand rupees, or both. However, the accused may be discharged or the punishment may be remitted if an apology is made to the satisfaction of the court.
186
Does the Attorney General of India need to give prior consent for the Supreme Court to initiate criminal contempt action?
Yes, the prior consent of the Attorney General of India is required for the Supreme Court to initiate criminal contempt action, except in cases where the court exercises its inherent contempt powers suo motu (on its own motion).
187
What is the procedure followed when contempt is committed in the presence or hearing of the Supreme Court or a High Court?
The court may detain the person accused of contempt and, at any time before the rising of the Court, follow these steps:
(a) Inform the person in writing of the contempt charge.
(b) Provide an opportunity for the person to defend themselves.
(c) Take necessary evidence and hear the person.
(d) Proceed to determine the matter of the charge and make a just order for punishment or discharge.
188
Who can initiate action in cases of criminal contempt other than those committed in the face of the court?
The Supreme Court or the High Court can take action on its own motion or upon a motion made by:
(a) The Advocate-General.
(b) Any other person with the written consent of the Advocate-General.
(c) In the case of the High Court for the Union territory of Delhi, a Law Officer specified by the Central Government with written consent, or any other person with the written consent of such Law Officer.
189
How does the High Court handle cases of criminal contempt in subordinate courts?
The High Court can take action in two ways:
(a) On a reference made by the subordinate court.
(b) On a motion made by the Advocate-General or, in the case of a Union territory, by a Law Officer specified by the Central Government through notification in the Official Gazette.
190
Who is considered the Advocate-General in different courts?
The term "Advocate-General" refers to:
(a) The Attorney-General or the Solicitor-General in relation to the Supreme Court.
(b) The Advocate-General of the State or any of the States for which the High Court has been established in relation to the High Court.
(c) Such Law Officer as specified by the Central Government in relation to the court of a Judicial Commissioner in a notification published in the Official Gazette.
191
What is the hierarchy of Subordinate Courts?
Subordinate Courts function below and under the High Court at district and lower levels.
192
Who appoints District Judges?
The Governor of the state appoints, posts, and promotes District Judges in consultation with the High Court.
193
What are the qualifications for becoming a District Judge?
(a) The candidate should not already be in the service of the Central or state government.
(b) The candidate should have been an advocate or a pleader for seven years.
(c) The candidate should be recommended by the High Court for appointment.
194
Who has control over Subordinate Courts?
The High Court has control over District Courts and other subordinate courts, including the posting, promotion, and leave of persons belonging to the judicial service of a state and holding any post inferior to the post of District Judge.
195
Who was India's first woman judge in the Supreme Court?
Justice Fathima Beevi was the first woman judge of the Supreme Court of India, appointed in 1989.
196
When was Justice Sujata V Manohar elevated to the Supreme Court?
Justice Sujata V Manohar was elevated to the Supreme Court in 1994.
197
Who was the third woman judge in the Supreme Court?
ustice Ruma Pal became the third woman judge in the Supreme Court in the year 2000.
198
Who was the first woman Chief Justice of Kenya?
Martha Koome is Kenya's first woman Chief Justice.
199
Which judge in the Supreme Court will retire next year?
Justices Indu Malhotra and Indira Banerjee, who will retire next year, came to the Supreme Court in 2018.
200
How many women judges have there been in the Supreme Court up till now?
There have been several women judges in the Supreme Court, but the text does not provide an exact number.
201
Which judge in the Supreme Court has experience working in the subordinate judiciary?
Justice Trivedi's appointment is unique given that she will be the only judge in the Supreme Court with the experience of working in the subordinate judiciary. Prior to this, Justices R. Banumathi and C. Nagappa had this distinction.
202
What was the difference of opinion among collegium members regarding Justice Nagarathna's elevation?
While the former CJI was keen to elevate Justice Nagarathna, considering she would become the first woman CJI, some members felt she should not be allowed to supersede the elevation of the chief justice of the Karnataka High Court, Justice Abhay Oka.
203
Why did CJI Bobde believe Justice Abhay Oka could only be elevated after his retirement?
CJI Bobde believed that Justice Abhay Oka, whose parent high court is Bombay, could only be elevated once Bobde himself retired since there were already four judges from the same high court at the time, including him.
204
Who was the collegium's choice from the Bar?
Senior advocate P. Narasimha was the collegium's choice from the Bar.
205
What significant case did P. Narasimha represent in?
P. Narasimha represented Mahant Ramachandradas, one of the Hindu representatives in the Ram Janmabhoomi-Babri Masjid land dispute case.
206
How many lawyers have been elevated to the Supreme Court from the bar based on Collegium recommendations?
P. Narasimha will become the 6th lawyer in the 71-year history of the Supreme Court to be elevated to the SC bench from the bar on Collegium recommendation.
207
Is there a current proposal to establish the 'All India Judicial Services' (AIJS)?
No, according to the Law Minister, there is no proposal to bring the 'All India Judicial Services' due to a lack of consensus.
208
When was the idea of an All-India Judicial Service first suggested?
The idea of an All-India Judicial Service was first suggested in the Chief Justices' Conference in 1961.
209
Why was the proposal for AIJS shelved after it was initially suggested?
The proposal for AIJS was shelved after some states and High Courts opposed it.
210
When was the Constitution amended to provide for an AIJS?
The Constitution was amended in 1976 to provide for an AIJS under Article 312.
211
When was the proposal for AIJS reintroduced by the UPA government?
The proposal for AIJS was reintroduced by the UPA government in 2012.
212
Why was the draft bill for AIJS shelved in 2012?
The draft bill for AIJS was shelved again after opposition from High Court Chief Justices, who considered it an infringement of their rights.
213
What did the 2012 report of the National Court Management Systems project?
The report projected that the number of cases being filed would reach 15 crores in 30 years, requiring 75,000 judges.
214
How will judicial officers be appointed under the current proposal?
Those who clear the pan-India test conducted by the new all-India judicial service commission will be appointed by high courts and different state governments as judicial officers.
215
What was the recommendation of the Law Commission report in 1987 regarding the number of judges in India?
The Law Commission report recommended that India should have 50 judges per million population.
216
How does the number of judges in India compare to the US and the UK?
India has around 20 judges per million people, while the US and the UK have 107 and 51 judges per million people, respectively.
217
What is the current working strength of the subordinate judiciary compared to the sanctioned strength?
The working strength of the subordinate judiciary is 19,318, while the sanctioned strength is 24,247, meaning around 5,000 posts remain vacant.
218
How many cases are pending in various district and taluka courts across India according to the National Judicial Data Grid?
According to the National Judicial Data Grid, 3.81 crore cases are pending in various district and taluka courts across India.
219
How many cases have been pending for over 30 years?
More than one lakh cases are pending for over 30 years.
220
How did the Covid-19 pandemic and the lockdown impact the judicial system?
The situation deteriorated in the past year due to the Covid-19 pandemic and the lockdown, leading to a backlog of cases.
221
How many cases were filed and decided last month according to the given information?
Last month, 14.80 lakh cases were filed, while the number of decided cases stood at 10.77 lakh.
222
Why is it important to establish the AIJS?
It is important to establish the AIJS before India is hit by a litigation explosion and to address the increasing number of cases and vacancies in the judiciary.
223
Which Law commission report emphasized the need for the All India Judicial Service (AIJS)?
The 116th Law commission report in 1986 highlighted the need for the AIJS.
224
In which court case was the Union Government directed to take immediate measures for setting up the AIJS?
In the case of All India Judges Association v. The Union of India in 1995, the Union Government was directed to take immediate measures for setting up the AIJS.
225
Who suggested the idea of the AIJS in 2014 and what did they emphasize?
Chief Justice RM Lodha suggested the idea of the AIJS in 2014. He emphasized that it should be given serious thought and that a national consensus is lacking, as some states have raised reservations on its framework. He also stressed the importance of bringing those states on board.
226
What is the purpose of the All India Judicial Service?
: The AIJS is intended to establish a centralized recruitment process for judges in subordinate courts, similar to the recruitment process for the Indian Administrative Service (IAS) and Indian Police Service (IPS).
227
hat has been a challenge in implementing the AIJS?
The lack of a national consensus and reservations raised by some states regarding the framework of the AIJS have posed challenges in its implementation.
228
When did the All India Judges Association v. The Union of India case take place?
The case of All India Judges Association v. The Union of India took place in 1995.
229
What are the eligibility criteria to take the AIJS exam?
To qualify for the AIJS exam, a candidate should have a seven-year practice as a lawyer or be engaged in teaching at a recognized law college or university for the same duration. Additionally, the candidate should be aged between 28 and 35.
230
What is the purpose of the AIJS?
The AIJS is intended to induct district-level judges and provide an opportunity for civil judges to improve their career prospects.
231
Who will be responsible for hiring the remaining civil judges?
The states and respective high courts will be responsible for hiring the remaining civil judges.
232
What are the two tiers of the subordinate judiciary?
The subordinate judiciary consists of civil judges or magistrates and district judges.
233
Can serving civil judges take the AIJS exam?
Yes, serving civil judges can take the AIJS exam if they have served for the required number of years.
234
How is the AIJS exam expected to be conducted?
The government intends to engage the Union Public Service Commission (UPSC) to conduct the AIJS exam. The exam may be held at zonal levels, such as North, South, East, West, and Central.
235
How does the AIJS differ from the Indian Administrative Service (IAS) in terms of posting preferences?
Unlike the IAS, which offers state cadre based on preference given by the candidates and performance in tests and interviews, the AIJS aims to post judges closer to the places they belong to, possibly through zonal-level entrance exams.
236
When was the provision for AIJS included in the Constitution?
The provision for AIJS was included in Article 312 of the Constitution through the 42nd Amendment in 1976.
237
What was the inspiration behind the AIJS?
The AIJS was inspired by the Indian Administrative Service (IAS) and the Indian Police Service (IPS) and was proposed soon after Independence.
238
What is the current process for recruiting judicial officers?
Currently, various high courts and State service commissions hold exams to recruit judicial officers.
239
Who will have the authority to appoint judges of subordinate courts under the AIJS?
Most of the 25 high courts will retain administrative control over the lower judiciary and will have the authority to appoint judges of subordinate courts.
240
Which organization may conduct the entrance test for recruiting judges for lower courts under the AIJS?
The Union Public Service Commission (UPSC) may hold a standardized entrance test for recruiting judges for lower courts.
241
What is the constitutional provision regarding the appointment of district judges?
According to Article 233(1) of the Constitution, the appointment of district judges in any state shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to that state.
242
When was Article 312 of the Constitution amended to empower Parliament to create an AIJS?
The 42nd Constitutional amendment in 1976 amended Article 312 (1) to empower Parliament to make laws for the creation of one or more All-India Services, including an AIJS, common to the Union and the States.
243
What is the restriction placed on the AIJS in terms of the posts included?
Clause 3 of Article 312 states that the AIJS shall not include a post inferior to that of a district judge.
244
How was the Seventh Schedule of the Constitution modified by the 42nd Constitutional amendment?
The 42nd Constitutional amendment placed Entry 3 of List II (State List) as Entry 11A in List III (Concurrent List), bringing about a significant change in the allocation of powers between the Union and the States.
245
What are some benefits of AIJS?
*It provides an ideal solution for equal representation of marginalized and deprived sections of society.
*It ensures regular filling up of vacancies in the judiciary.
*It creates a talent pool of qualified judges.
246
What is the dichotomy that exists regarding Articles 233 and 312?
The dichotomy refers to the conflict between the prerogative of the State (Article 233) and the prerogative of the Union (Article 312) in the appointment of district judges. The AIJS proposal shifts the power from the State to the Union.
247
How does the AIJS proposal potentially impact the principle of federalism and the basic structure doctrine?
The proposal to centralize the appointment of district judges through AIJS may be seen as infringing on the power of the States to govern the appointment process. This raises concerns regarding the principle of federalism and the basic structure doctrine.
248
What is one challenge with AIJS related to language?
Language barrier for judges can be a challenge, as judges appointed through AIJS may need to serve in different states where they may not be fluent in the local language.
249
How does AIJS potentially curtail the promotional avenues of the subordinate judiciary?
AIJS reserves 50% of the posts of district judges for direct recruitment, which reduces the promotional opportunities for judges from the subordinate judiciary. This can be seen as a limitation or challenge for the career progression of judges.
250
Which institution is against the AIJS proposal?
High courts are opposed to the AIJS proposal, indicating their disagreement with the plan.
251
What is one positive aspect of AIJS?
AIJS is seen as an ideal solution for ensuring equal representation of marginalized and deprived sections of society.
252
Which state has a reservation policy in force with roster-based reservation and a significant percentage reserved for women?
Tamil Nadu has a reservation policy with roster-based reservation, including a 69% reservation with 30% reserved for women.
253
How may the AIJS benefit states like Uttar Pradesh?
States like Uttar Pradesh, which currently have lower reservation percentages (20% for women), may benefit from the implementation of AIJS.
254
Do arguments that AIJS will reduce judicial delays hold water?
No, the text suggests that such arguments do not hold water as subordinate courts, with their large vacancies, are the crucial point of delays in the judicial system.
255
What did the National Commission constituted for review of the Constitution suggest regarding AIJS?
The National Commission suggested a paradigm shift in the Union's approach, indicating a positive view of the AIJS proposal.
256
What is the importance of studying the feasibility of AIJS in the current context?
The feasibility of AIJS in the present context needs to be studied, especially considering the reliance on archaic reports of the Law Commission.
257
Who has the responsibility to dispel doubts and implement the AIJS proposal?
The responsibility lies with the Union to dispel doubts and implement the AIJS proposal while addressing the aspirations of all stakeholders.
258
What metaphor is used to describe the AIJS proposal?
The AIJS proposal is described as "the proverbial curate's egg," implying that its success or effectiveness may vary in different aspects or areas.
259
How many fast-track courts has the government proposed to set up under the POCSO Act?
The government has proposed to set up 1,023 fast-track courts to clear the cases under the POCSO Act.
260
What directive did the Supreme Court issue regarding the establishment of special courts for POCSO cases?
The Supreme Court directed that districts with more than 100 pending cases under the POCSO Act should set up special courts dedicated to handling these cases.
261
Which commission recommended the creation of Fast Track Courts?
The Eleventh Finance Commission recommended the creation of Fast Track Courts (FTCs) in the country.
262
What is the responsibility of the state governments regarding the establishment of Fast Track Courts?
It is the primary responsibility of the state governments to establish Fast Track Courts in consultation with the concerned High Courts.
263
What was the purpose of establishing Fast Track Courts?
Fast Track Courts were established to expedite the disposal of long-pending cases in the Sessions Courts and the cases of undertrial prisoners.
264
What did the Supreme Court order regarding the continuation of Fast Track Courts?
In its order dated March 31, 2005, the Supreme Court directed the Union of India to continue the Fast Track Courts and stated that the scheme should not be disbanded suddenly.
265
Which case is being monitored by the Supreme Court regarding the functioning of Fast Track Courts?
The Supreme Court is monitoring the functioning of Fast Track Courts through the case of Brij Mohan Lal Vs UOI & Ors.
266
What observation did the Supreme Court make regarding the scheme of Fast Track Courts?
The Supreme Court observed that the scheme of Fast Track Courts should not be disbanded suddenly and should continue to operate.
267
On what basis were judges appointed for the Fast Track Courts?
Judges for the Fast Track Courts were appointed on an ad hoc basis, selected by the High Courts of the respective states.
268
How many Fast Track Courts were proposed to be set up by the 14th Finance Commission?
The 14th Finance Commission endorsed the proposal for setting up 1800 Fast Track Courts at a cost of Rs. 4144.00 crore.
269
What was the purpose of setting up Fast Track Courts according to the Ministry of Law and Justice?
The purpose of setting up Fast Track Courts was to accelerate the disposal of cases, with approximately 5.9 lakh pending cases at the end of March.
270
Which states had no Fast Track Courts according to the given information?
56% of the states and Union Territories, including Karnataka, Madhya Pradesh, and Gujarat, had no Fast Track Courts.
271
What were some of the issues with Fast Track Courts?
Some of the issues with Fast Track Courts included a lack of technological resources for audio and video recordings, inadequate staff and IT infrastructure, delays in obtaining reports from forensic science laboratories, frivolous adjournments, and over-listing of cases in the cause list.
272
What is the importance of addressing systemic issues in Fast Track Courts?
Addressing systemic issues is important for the timely disposal of cases, along with increasing the number of judges.
