The High Courts and Subordinate courts Flashcards
which UT has its own high court
delhi
composition of high court
consists of one CJ and such other judges as president may appoint from time to time
president has power to appoint
- additional judges for a temporary period not exceeding two years, for the clearance of arrears of work in a high court
- an acting judge, when a permanent judge is temporarily absent or unable to perform his duties or is appointed to act temporarily as CJ
qualifications of high court judge
- citizen of india
- not over 62
- has held a judicial office in India for at least ten years OR has been an advocate of a high court for at least ten years
- distinguished jurist
appointment of CJ of HC
by the president
in consultation with CJ of supreme court and governor of concerned state
appointment of judge of HC
by president
in consultation with CJI, CJ of that HC, governor of state
original jurisdiction of HC
the power ot hear and decide cases at the first instance, during:
1. matters relating to state revenue and its collection
2. cases regarding wills, divorce, marriage, company law and contempt of court
3. every HC has power to interpret constitution (judicial review)
4. enforcement of fundamental rights guaranteed by constitution, can issue writes
5. election petitions challenging election of members of parliament, or member of the state legislative assembly or other local bodies
appellate jurisdiction
high court has the power to accept appeals against decisions of district courts, in civil as well s criminal matters
civil appeals that can be brought
- matters concerning land revenue
- in cases where a blatant injustice has been committed by any Tribunal. in such cases, the HC may quash the order of tribunals
appeals in criminal cases
- against judgement of Sessions judge, where sentence of imprisonment exceeds 7 years
- against judgements of an assistant sessions judge, chief metropolitan magistrate, or other judicial magistrates where sentence of imprisonment exceeds 4 years
- against the state, when order of acquittal is passed by a Sessions judge
- a sentence of death must be confirmed by HC before it can be carried out
advisory jurisdiction
can advise any government department, legislature or the governor, if they seek it, on constitutional matters
advice is not binding on the agency seeking such advice
revisory jurisdiction of HC
can call for the record of a case which has been decided by the subordinate court
done because HC feels that the subordinate court has exercised a jurisdiction not vested in it or the latter has not followed proper procedure
when is revisory jurisdiction applicable
- injustice or an error of law apparent on the face of the record
- violation of the principals of natural justice
- arbitrary authority leading to wrong judgements
- flagrant error in procedure
judicial review of HC
if any law, executive order, or ordinance passed by state legislature or any other authority infringes the fundamental rights or contravenes any provision of the constitution, HC can declare it null and void
HC is court of record how?
- its judgements and orders are preserved as a record to be referred to by its courts in future cases. they can be produced as precedents
- HC can punish anyone who commits a contempt of its orders
define writ
a writ is an order from a judicial authority asking a person to perform some act or refrain from performing an act
how is independence of high court ensured
- providing security of tenure and security of law and allowances to judges
- full control over its procedure of work and establishment
- punish a person for contempt of court if its authority is lowered
- no discussion in the state legislature on the conduct of high court judges
- prohibition on practice after retirement for judges
composition of subordinate court
District judge
civil courts
cases related to land, property and money transactions, arbitration, guardianship, marriages, divorce, cases involving a Will
types of civil courts
- court of district judge
- court of civil judge
- Munsif’s court
- court of small causes
District judge vs sessions judge
district judge- when he decides civil cases
sessions judge- when he decides criminal cases
qualifications to be district judge
- advocate of seven years’ standing or an official in the Judicial Service of the Union or the State Public Service Commission
he acts as Deputy Commissioner and District Collector. He maintains law and order as well as supervises the collection of revenue and taxes from the district
civil judge
post is sometimes combined with post of chief judicial Magistrate and can try cases punishable with imprisonment for 7 yrs and fine
Munsif’s court
authorised to deal with civil cases involving not more than 20,000. appeals against their decisions lie with civil judge
courts of small causes
headed by juniormost magistrates, and have jurisdiction in cases where value of subject matter is small. there is no appeal
appointment of district judge
by governor in consultation with judges of HC of concerned state
all other judges are appointed through competitive exams held by State Public Service Commission
administrative control of district judge
DJ exercises administrative control over all civil courts in the district
civil courts have no jurisdiction to try matters pertaining to agricultural land
such cases are heard by revenue courts
appeals of district court
appeals from the decree or order of a court lie in the next higher court
sessions court
highest criminal court of district
presided over by district judge
cases like robbery, dacoity, murder
Sessions judge alone can award death sentences or life imprisonment
death sentence must be confirmed by the High Court before it is carried out irrespective of whether an appeal is made to the high court or not
purposes of lok adalats
- provide legal aid and quick justice to those who are not in a position to engage lawyers
- relieve the courts of heavy backlog of cases
- eliminate high costs and delays in imparting justice
advantages of lok adalats
- important role in settlement of family feuds, disputes between neighbours, minor cases of assault and injury through compromise
- both parties are satisfied
- fast and inexpensive justice
- reduce workload of other courts by enabling them to deal with more serious matters
- promote social justice by providing legal aid to weaker sections of society
functions of high court
- settlement of disputes( originial or on appeal)
- enforcement of fundamental rights by issuing writs
