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 consulted
Conditions 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 SCs 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 rights
Appelate
In civil cases, the HC hears appeals against decisions of district
judge
In criminal cases, the HC hears appeals against

o 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 HC
o Appeals by state also lie in the HC when order os acquittal
is passed by a sessions judge
o Matters concerning land revenue
o Case where a blatant injustice has been committed by a
tribunal
Enforcement 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 for
o Can regulate practice and proceeding of the court
o 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 state
o Appointment, posting and promotion of district judge is made by
governor in consultation with the HC
o The HC may prescribe forms in which books, entries and accounts
shall be kept by the courts
o 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 contempt
Independence 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 place
o Judge is entitled to compensatory allowance
Subordinate Courts:
Distinction between Court of the District Judge and Sessions Court.
SUBORDINATE COURTS
The court of the district judge and other courts lower in ranking to it are
called subordinate courts
SUBORDINATE COURTS

DISTRICT COURT
CIVIL CASES

SESSIONS COURT
CRIMINAL CASES

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)
Appeal
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 standing
o 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 years
o First Class Judicial Magistrate: imprisonment up to 3 years, fine up
to Rs. 5000
o Second Class Judicial Magistrate: imprisonment up to 2 years, fine
up to Rs.1000

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, 1973
o Separation of judiciary from executive
o System of appointing honorary magistrate abolished
o A person cannot be kept in police custody for more that 15 days
o A person cannot be kept in judicial custody for more that 60 days,
after which he will be entitled to be released on bail
o A copy of FIR to be given to the informant
o Period of detention in jail shall be counted against imprisonment
o 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 compromise
o Speedy and inexpensive justice. Good for the poor
o LA can pass awards for those cases which are in pre-litigation
stage
o LA reduce workload of other courts, reduce delay in justice