INDIAN JUDICIARY REPORT.pptx

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JUDICIAL BRANCH OF INDIA Reporters: RAMSEY L. CABALLO CRESCENTE D. ACUÑA II

Transcript of INDIAN JUDICIARY REPORT.pptx

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JUDICIALBRANCH OFINDIAReporters:

RAMSEY L. CABALLO

CRESCENTE D. ACUÑA II

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TRANSFER PETITIONS…  The Supreme Court has the power to

transfer the cases from one High Court to

another and even from one District Courtof a particular state to another DistrictCourt of the other state.

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JUDICIAL INDEPENDENCE Judges are generally appointed on the

basis of seniority and not on political

preference.A Judge of the Supreme Court cannot be

removed from office except by an orderof the President.

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POWER TO PUNISH CONTEMPT

Supreme Court has been vested withpower to punish anyone for contempt of

any law court in India including itself.

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STATE OF JAMMU AND KASHMIR

The Constitution of India is not fullyapplicable to the state of J&K. This is the

effect of Article 370. The Constitution of India is applicable to

the state of J&K with various modificationsand exceptions.

Jammu and Kashmir, unlike the otherIndian states, also has its own Constitution.

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Landmark judgments:Judiciary-Executive

confrontations

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Land reform (early confrontation) The Parliament of India passed the First

Amendment to the Constitution in 1951followed by the Fourth Amendment in

1955 to protect its authority to implementland redistribution.

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Other laws deemed unconstitutional

On 1 February 1970, the Supreme Courtinvalidated the government-sponsoredBank Nationalization Bill that had beenpassed by Parliament in August 1969.

The Supreme Court also rejected asunconstitutional a presidential order of 7September 1970, that abolished the titles,

privileges, and privy purses of the formerrulers of India's old princely states.

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Response from Parliament

In reaction to the decisions of the SupremeCourt, in 1971 the Parliament of India passedan amendment empowering itself to amendany provision of the constitution, including the

fundamental rights. The Parliament of India passed the 25th

Amendment, making legislative decisionsconcerning proper land compensation non- justiciable.

The Parliament of India passed anamendment to the Constitution of India,which added a constitutional articleabolishing princely privileges and privy purses.

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Counter-response from theSupreme Court 

On 24 April 1973, the Supreme Courtresponded to the parliamentary offensive

by ruling in Kesavananda Bharati v. TheState of Kerala that although theseamendments were constitutional, thecourt still reserved for itself the discretionto reject any constitutional amendments

passed by Parliament by declaring thatthe amendments cannot change theconstitution's "basic structure“. 

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Emergency and Government

of India The independence of judiciary was severelycurtailed on account of powerful centralgovernment ruled by Indian NationalCongress. This was during the Indian

Emergency (1975-1977) of Indira Gandhi.(under the declaration of emergency) no

person has any locus to move any writ petitionunder Art. 226 before a High Court for habeas

corpus or any other writ or order or direction tochallenge the legality of an order of detention.

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Post-1980: an assertive

Supreme Court  The Supreme Court's creative and expansiveinterpretations of Article 21 (Life and PersonalLiberty), primarily after the Emergency period,have given rise to a new jurisprudence of

public interest litigation that has vigorouslypromoted many important economic andsocial rights.

Civil and political rights (traditionally

protected in the Fundamental Rights chapterof the Indian Constitution) have also beenexpanded and more fiercely protected.

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Corruption and misconduct of judges 

The year 2008 has seen the SupremeCourt in one controversy after another,from serious allegations of corruption at

the highest level of the judiciary,expensive private holidays at the taxpayers expense, refusal to divulge detailsof judges' assets to the public secrecy inthe appointments of judges, to even

refusal to make information public underthe Right to Information Act.

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HIGH COURTS

India's unitary judicial system is made upof the Supreme Court of India at thenational level, for the entire country andthe 21 High Courts at the State level.

These courts have jurisdiction over a state,a union territory or a group of states andunion territories.

The High Courts are the principal civil

courts of original jurisdiction in the statealong with District Courts which aresubordinate to the High courts.

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District Courts of India The District Courts of India are the courts

established by the State Government forevery district or for one or more districtstogether taking into account the number

of cases, population distribution in thedistrict.

These courts are under administrativecontrol of the High Court of the State towhich the district concerned belongs.

The decisions of District court is subject tothe appellate jurisdiction of the Highcourt.

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Composition of District courts

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Jurisdiction The District Court or Additional District

court exercises jurisdiction both on originaland appellate side in civil and criminalmatters arising in the District.

The territorial and pecuniary jurisdiction incivil matters is usually set in concernedstate enactments on the subject of civilcourts.

On the criminal side jurisdiction is almostexclusively derived from code of criminalprocedure.