The judiciary – Department of Legal Affairs

The judiciary – Department of Legal Affairs

https://generalstudies4u.com/the-judiciary-department-of-legal-affairs/
JUDICIARY DEPARTMENT

introduction

The judicial system of India is single and accepted, with the highest court of India situated on the highest peak, the Supreme Court is located in Delhi.
Provision for constitution of Supreme Court has been made in Article-124.
The Supreme Court consists of a Chief Justice Judge who is appointed by the President.
Supreme court

The Parliament of India has the power to form laws relating to the establishment, constitution, jurisdiction, regulation of powers of the Supreme Court.
Once a judge of the Supreme Court remains in office till the age of 62 years after being appointed.
Judges of the Supreme Courts can be removed by the President on the basis of proven misconduct and incapacity in each House of Parliament on the basis of inclusion passed by majority.

Qualifications of Supreme Court Judge-

He should be a citizen of India.
He has served as a Judge in any High Court or two or more Courts for 5 consecutive years.
Or has been an advocate in a High Court for 10 years.
Should have high degree of knowledge of law in the eyes of the President.
The judges of the Supreme Court, after retirement, cannot plead before any court or any officer in India.
The President administered the oath of office and secrecy to the judges of the Supreme Court.
Chief Justice of India gets 90 thousand rupees per month and other judges get salary of 80 thousand rupees per month. Apart from this, free furnished accommodation or ten thousand rupees monthly housing allowance, electricity, water, telephone, health facilities, travel anywhere within the country, some privileges, pension after retirement etc. are available.
Impeachment on the Chief Justice can be imposed on grounds of misconduct only.
Parliament has the right to decide the procedure of impeachment.
The motion for impeachment should be passed by a majority of the total members and a two-thirds majority of the members present and voting.
After the impeachment is passed by both the Houses, it is sent to the President. The President orders the dismissal of judges on the same basis.
Jurisdiction of Supreme Court

In disputes arising between the Union of India and one or more states.
In disputes between the Union of India and any one state or several states and one or more states.
In a dispute between two or more states, in which there is a question of many statutory rights.
Under the initial jurisdiction, the Supreme Court will accept the same dispute for adjudication, which involves the question of fact or law.
Appellate Jurisdiction – The highest appellate court in the country is the Supreme Court.
There are three types of cases under it.
Constitutional
Mad
Foreclosure
Consultative jurisdiction – The President has the right to seek consultation of the Supreme Court on disputes of public importance, Article 148.
It is up to the discretion of the President to accept or reject the consultation of the Court.
Jurisdiction related to reconsideration – According to Article 137 of the Constitution, the Supreme Court is empowered to reconsider the orders given by it at night.
The Court of Records Article 129 of the Constitution gives the Supreme Court the place of Court of Records.
Article 32 of the constitution specifically provides that he should take necessary action to enforce fundamental rights.
Supreme court
It can send a case going on in one High Court to another High Court.
It can ask for a court case.
Its decisions are to be followed by all courts.
Supervises and controls its subordinate courts.
May hear appeals on the decisions of lower courts.

Administrative tribunal

Article 323A was incorporated by the 42nd Constitutional Amendment Act of 1976, which provides for the establishment of Central and State Administrative Tribunals for matters relating to appointment, promotion and transfer and service conditions in the Central and State government services.
Following this provision, the Parliament passed the Administrative Tribunals Act of 1985 to establish the Central Administrative Tribunal (CAT).
Many states also have state administrative tribunals.
Matters related to the employees of public sector undertakings can be brought (as required) by release under Central Administrative Tribunal or State Administrative Tribunal. The Chairman and Deputy Chairman of the Tribunal have the same status as a Judge of the High Court and their retirement age is 65 years.
The retirement age of other members drawn from the administration is 62 years.
The following categories of employees get immunity from the purview of administrative authorities.
Employees of Supreme Court and High Court
Military force employees
The staff of the Rajya Sabha and Lok Sabha Secretariat
The tribunals aim to reduce the workload of the court and speed up the justice process.
According to the 42nd Constitution Amendment Act, only the Supreme Court can hear cases related to service.
The President, in consultation with the Chief Justice of India, appoints the Chairman and other members of the Central Administrative Tribunal and the State Administrative Tribunal.
The person to be its Chairman must either be a Judge of a High Court or must have served as a Judge of the High Court for at least 2 years or has been the Deputy Chairman of the Tribunal.
Central administrative tribunal

The Central Administrative Tribunal was established in 1985 under the Parliamentary Administrative Tribunals Act, 1985. Hence, it is a constitutional body.
It resolves disputes regarding appointment and all service related matters.
Its objective is to provide quick and cheap justice to civil servants.
It is a multi-member body consisting of a Chairman, 16 Deputy Chairpersons and 49 other Members.
The term of the Chairman and Deputy Chairman is 5 years or till the completion of the age of 65 years, whichever is earlier.
The term of other members is till the completion of 5 years or 62 years of age (whichever is earlier).
They cannot be reappointed.
He is appointed by the President.
They take both judicial and administrative areas.
The Central Administrative Tribunal is not bound by the Code of Civil Procedure (CPC) of 1908.
Its jurisdiction extends to All India Services (AIS) and Central Services (CS) and Posts.
The Central Administrative Tribunal functions under the administrative control of the Department of Personnel and Traning, which is one of the three departments of the Ministry of Personnel, Public Grievances and Pensions.

high Court

According to Article 214 of the Constitution, each State shall have a High Court.
According to Article 231, Parliament can by law establish the same High Court for two or more states and a Union Territory.
Currently, there are 21 High Courts in India.
Among the Union Territories, only Delhi has a High Court.
Each High Court is made up of a Chief Justice and other such judges.
He is appointed by the President.
Qualifications of High Court Judges
He should be a citizen of India.
Have held judicial for at least 10 years, or have been an advocate in one or more courts in a High Court for 10 consecutive years.
The High Court Judge administered the oath of office to the Governor in the State in which the High Court is situated.
The salary of the Chief Justice of the High Court is 90 thousand rupees per month. And the salary of other judges is 80 thousand rupees per month.
The maximum age limit for retiring High Court judges is 62 years. A High Court Judge may resign from his post at any time by addressing the President.

Subordinate Courts

There are three types of subordinate courts in India –
Criminal court – Disputes regarding fighting, fighting, murder, theft, forgery etc.
Civil Court – Money suit.
Revenue Court – Hearing of revenue related matters. The largest court of the state is the board, its decision can be appealed in the High Court of the state.
Lok Adalats

Under the Legal Services Authorities Act, 1987, Lok Adalats have been accorded statutory status. Lok Adalats have the following objectives:

Ensuring justice for the weaker sections of society.
Saving of time and time means mass disposal of promises.
There is a provision in the Legal Services Act that Lok Adalats will be constituted by state or district level authorities and state / district bodies are also given their authority by Lok Adalats.
The jurisdiction of Lok Adalats is wide, which may include any matters falling under civil, criminal, revenue courts or tribunals.
Any suit goes to the Lok Adalats only if both the parties agree to it and give a joint application.
The decisions of the Lok Adalat are binding on all the parties. Altogether it can be said that he has been given the power of civil courts.
The Supreme Court and the High Court have, from time to time, settled thousands of cases through Lok Adalats. A nationwide program was launched on 2 October 1996 that 10 lakh cases would be disposed of by Lok Adalats.
Currently, about 2.5 lakh cases including all the courts of the country are pending.
Lok Adalats are extremely important as an alternative medium for settlement of disputes.
District Judge

At the district level, there is a Principal Tribunal. He hears both civil and criminal promises and is called a District and Sessions Judge.

Fast truck courts (courts) have come into existence since 1 April 2014.
The first family court in India was established in Jaipur.
Lower courts

The functioning and structure of the lower courts is more or less the same throughout the country. The status of the courts determines their functioning. These courts deal with all types of civil and criminal cases on the basis of their rights. These courts operate on the basis of these two major codes of Civil Procedure Code-1908 and Criminal Procedure Code-1973.
National Academy of Justice

The government has set up the National Judicial Academy to provide judicial officers in-service training. It was registered on August 17, 1993, under the Societies Registration Act, 1860.
The academy is located in Bhopal, whose registered office is in Delhi. The National Judicial Academy building was inaugurated by the President on 5 September 2002.
Legal aid

Article 39A of the Indian Constitution ensured justice for all and provided free legal aid to the poor and weaker sections of the society. Articles 14 and 22 (1) of the constitution have given this responsibility to the state to ensure equal opportunities for all.
In 1987, the Legal Services Authorization Act was passed. Under this, the National Legal Services Authority (NALSA) was formed. Its task is to implement the legal aid program and its evaluation and monitoring. Also, it is also its job to provide legal services under this Act.
A State Legal Aid Authority in every state, a High Court Legal Services Committee has been set up in every High Court.
Lok Adalats

Lok Adalats are a forum where disputes / cases pending in the courts or promises are disposed of in good faith before they are filed. Lok Adalats were given legal status under the Legal Services Authorities Act, 1987.
Lok Adalats are conducted by the Legal Services Authorities / Committees in the usual manner i.e. Section 19 of the Legal Services Authorities Act.
Lok Adalats were first formed in Maharashtra.
Legal profession

Legislation related to legal business in the country is governed by the Laws Act, 1961 and the rules laid down by the Bar Council of the country. It is a customized legal code for professionals working in the field of law.

Ninth schedule decision

What is the ninth schedule?

The Ninth Schedule was added to the Constitution by the First Constitution Amendment (1951), bringing Article 31B by the Nehru Government.
an objective

Eliminate some laws from judicial review by placing them on this list.
It was necessary at that time because progressive laws related to land reform and the abolition of zamindari were to be enacted which collided with the fundamental right to property.
Court decision

On January 11, 2007, a decision was passed by the Constitution Bench of 9 judges that-

If any law is entered in the Ninth Schedule after April 24, 1973 and it violates the Fundamental Rights and it is going to destroy the basic structure of the Constitution, then such law can be challenged, i.e. the court can review it. Can. But the proceedings will therefore remain unaffected before being challenged.
The laws of the Ninth Schedule will be reviewed on the basis of direct impact and effect.
The bench sent petitions challenging the legality of the various laws included in its filed, along with the historical arrangement on the questions arising out of the constitutionality of Article 31B and the inclusion of the law in the Ninth Schedule.
What is the dispute?

Initially laws related to comprehensive public welfare were put in the Ninth Schedule and were misused by later governments.
Legislation was added to this list for political gains.
Attempts were also made to insert the laws related to the recent reservation and sealing issues in Delhi.
The initial 13 laws related to land reform, while the current 284 laws included, among which the major ones are –
69% reservation law in Tamil Nadu
Central Coal Mines Act, 1974
The Additional Allowance of Money Act, 1974
Cofeposa, 1974
Sick Textiles Undertaking Act, 1974
Uttar Pradesh Land Ceiling Act, 1974
Essential Services Maintenance Law (ESMA) (Essential Services Maintenance Act.)
Basis to check the legality of law

The laws to be included in the Ninth Schedule uphold the principle of fundamental basis of the Constitution.
What is the actual effect of any law on the guarantee of the rights given in Part 3 of the Constitution, it should be assessed in such a way that the law is not destroying the basic premise.
If the validity of a law has already been accepted by the Supreme Court that it cannot be challenged on the ground that the law is against this decision.
Case picker

It is noteworthy that an NGO, “Common Cause”, challenged the tendency of various governments to include one law after the other in the ninth schedule of the constitution.
Law Commission of India

The 18th Law Commission of India was reconstituted on September 1, 2006 for 3 years. Dr. Justice A. R. Laxman was its then president and Dr. DP Sharma was made Member Secretary from 31 March 2006.

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