IC Module 2 (1).pptx

The prime minister is the senior-most member of
cabinet in the executive of government in a
Parliamentary system.
The prime minister selects and can dismiss members
of the cabinet.
Prime Minister allocates posts to members within
the government; and is the presiding member and
chairperson of the cabinet.

India follows a Parliamentary system in which the
prime minister is the presiding head of the
government and chief of the executive of the
government.
The prime minister—if they are not already—shall
become a member of parliament within six months of
beginning his/her tenure.
A prime minister is expected to work with other
central ministers to ensure the passage of bills by the
parliament.

A prime minister must:
be a citizen of India
be a member of the Lok Sabha or the Rajya Sabha. If the
person chosen as the prime minister is neither a member of the
Lok Sabha nor the Rajya Sabha at the time of selection, they
must become a member of either of the houses within six
months.
be above 25 years of age if they are a member of the Lok
Sabha , or, above 30 years of age if they are a member of the
Rajya Sabha .

They should not hold any office of profit under the
government of India or the government of any state or
under any local or other authority subject to the
control of any of the said governments.
The prime minister is required to make and
subscribe in the presence of the President of
India before entering office, the oath of office and
secrecy, as per the Third Schedule of the Constitution
of India.

The prime minister represents the country in various
delegations, high level meetings and international
organisations.
The Prime minister requires the attendance of the
highest government office and also speak about the
nation on various issues of national importance.
As per Article 78 of the constitution, the official
communication between the union cabinet and the
president are through the prime minister.
The constitution recognizes the prime minister as a
member of the union cabinet only outside the sphere
of union cabinet.

A cabinet is a body of high-ranking State officials,
typically consisting of the top leaders of the executive
branch.
Members of a cabinet are usually called
cabinet ministers or secretaries.
The Union Council of Ministers exercises executive
authority in the Republic of India.
 It consists of senior ministers, called
'cabinet ministers‘

In most governments, members of the Cabinet are given the title
of Minister, and each holds a different Portfolio of government duties.
the 3 main functions of Cabinet ministers are
directing government policy and making decisions about national issues.
spending a lot of time discussing current national problems and how
these can be solved.
presenting bills—proposed laws—from their government departments.

FUNCTIONS OF THE PARLIAMENT OF INDIA
• Legislative functions
• Financial control
• Providing and exercising control over cabinet
• Critical assessment of the work of the cabinet
• Dealing with opposite parties
• Constitutional functions
• Elective functions

SUPREME COURT OF
INDIA-JUDICIAL REVIEW

INDIAN LEGAL SYSTEM
• Indian law refers to the system of law which operates in India.
• It is largely based on English common law.
• Various Acts introduced by the British are still in effect in modified form
today.
• Much of contemporary Indian law shows substantial European and American
influence.

HISTORY OF INDIAN LAW
• Ancient India represented a distinct tradition of law.
• India had an historically independent school of legal theory and practice.
• The Arthashastra, dating from 400 BC, and the Manusmriti, from 100 AD, were
influential treatises in India.
• Manu's central philosophy was tolerance and pluralism, and was cited across
Southeast Asia.

SOURCE OF LAW
• Primary Source:
a. The primary source of law is in the enactments passed by the Parliament or the
State Legislatures.
b. The President and the Governor have limited powers to issue ordinances.
c. These ordinances lapse six weeks from the re-assembly of the Parliament or the
State Legislature.

SOURCE OF LAW CONT.
• Secondary Source:
a. Secondary source of law is the judgments of the Supreme Court, High Courts and
some of the specialised Tribunals.
b. The Constitution provides that the law declared by the Supreme Court shall be
binding on all courts within India.

CRIMINAL LAW
• Indian Penal Code (IPC) provides a penal code for all of India including Jammu and Kashmir,
where it was renamed the Ranbir Penal Code (RPC).
• The code applies to any offence committed by an Indian Citizen anywhere and on any Indian
registered ship or aircraft.
• Indian Penal Code came into force in 1862 (during the British Raj) and is regularly amended,
such as to include section 498-A.

CIVIL PROCEDURE CODE
• The Civil Procedure Code (C.P.C.) regulate the functioning of
Civil courts.
• It lays down the:
- Procedure of filing the civil case.
- Powers of court to pass various orders.
- Court fees and stamps involved in filing of case.
- Rights of the parties to case (plaintiff & defendant)
- Jurisdiction & parameters of civil courts functioning.
- Specific rules for proceedings of a case.
- Right of Appeals, review or reference.

FAMILY LAW
• Indian civil law is complex, with each religion having its own specific laws
which they adhere to.
• After independence Indian laws have adapted to the changing world.
• The most recent being the Domestic Violence Act[2005].

RIGHT TO INFORMATION ACT, 2003
• The Right to Information emerges out of the umbrella of
Right to Freedom of Speech and Expression and Right to
Life.
• Right to Information is also the centrifugal point for access
to myriad other basic human rights such as environment,
health, food, livelihood etc.
• The most direct transformation that the right to information
effects is in the governance system.
• From the perspective of citizenship, right to information is
the primary tool in the hands of the citizen.

INDIAN JUDICIAL SYSTEM
• The three-tiered system of Indian judiciary comprises of Supreme Court (New Delhi) at its
helm;
• High Courts standing at the head of state judicial system;
• Followed by district and sessions courts in the judicial districts, into which the states are
divided.
• The lower rung of the system then comprises of courts of civil (civil judges) & criminal
(judicial/metropolitan magistrates) jurisdiction.

THE SUPREME COURT
• On the 28th of January, 1950, the Supreme Court came into being.
• The judges of the Supreme Court at the time of inauguration were Chief Justice Harilal J.
Kania and Justices Saiyid Fazl Ali, M. Patanjali Sastri, Mehr Chand Mahajan, Bijan Kumar
Mukherjea and S. R. Das.
• The first Attorney General for India was Mr. M.C. Setalvad.

THE SUPREME COURT
• The Supreme Court of India comprises the Chief Justice and
not more than 25 (30) other Judges appointed by the
President of India.
• The proceedings of the Supreme Court are conducted in
English only.
• The Registry of the Supreme Court is headed by the
Registrar General.
• The Attorney General for India is appointed by the President
of India under Article 76 of the Constitution.
• Three types of Advocates: SENIOR ADVOCATES,
ADVOCATES-ON-RECORD &OTHER ADVOCATES .

THE HIGH COURTS
• The High Courts are generally the last court of regular appeal.
• Besides, for invoking writ jurisdiction, the High Courts can be approached for enforcement of
other rights.
• It has the power to supervise the subordinate courts falling within its territorial jurisdiction.
• The High Courts are Courts of Record.
• The High Courts also exercises original jurisdiction under the Companies Act.

THE HIGH COURTS CONT…
• The High Court hears First Appeals from the decisions of the
District Courts.
• Section 100 of the Code of Civil Procedure provides for a
Second Appeal from Appellate decrees.
• Under Section 115 of the Code, the High Court is conferred
wish revisional jurisdiction.
• Under Article 227 of the Constitution also, the High Court in
the exercise of its powers of superintendence entertains
revision petitions to correct errors on the part of lower
Courts and Tribunals in Judicial & Quasi Judicial matters.

THE HIGH COURTS CONT…
• On the Criminal side, the High Court has to confirm all
sentences of death passed by Courts of Sessions and hear
References in this behalf.
• High Court hears Criminal Appeals from convictions
awarded by Sessions Judges and Additional Sessions Judges
or from the judgment of any other Court, where a sentence
for more than seven years imprisonment has been passed.
• The High Court is also empowered to entertain appeals
from orders of acquittal passed by any Court.
• High Court has also been conferred with Criminal
Revisional Jurisdiction.

THE SUBORDINATE COURTS
• This subordinate Courts are:
• (a) District Courts, empowered to hear appeals from courts of original civil jurisdiction
besides having original civil jurisdiction
• (b) Sessions Court is courts of criminal jurisdiction, having the similar scope of powers.
• The courts of specific original jurisdiction are courts of Civil Judges, of Judicial Magistrates;
Small Causes courts & Courts of Metropolitan Magistrates.

QUASI - JUDICIAL SYSTEM
• This appendage to the Indian judicial system is a recent & sincere attempt on the part of the
government to expedite the judicial process through dilution of procedural formalities &
avoidance of litigation.
• Tribunals form an indispensable part of this system, which are appointed by the government
and comprise of judges & experts on the particular field, for which the tribunal has been
constituted.

RECENT TRENDS IN LAW
CRIMINAL PROCEDURE CODE
• Plea Bargaining in Criminal Cases
• Plea bargaining is introduced in India by Criminal Law
(Amendment) Act, 2005.
• This affects cases in which the maximum punishment is
imprisonment for seven years.
• However, offenses affecting the socio-economic condition
of the country and offenses committed against a woman or
a child below the age of fourteen are excluded.

RECENT TRENDS IN LAW
CIVIL PROCEDURE CODE, 1908
• MEDIATION & CONCILIATION ENCOURAGED
• NUMBER OF ADJOURNMENTS-3
• SERVICE OF SUMMONS BY OTHER MEANS
• EVIDENCE BY WAY OF AFFIDAVITS
• TIME LIMIT TO PRONOUNCE JUDGEMENTS

NEW TRENDS IN JUDICIARY
• Computerisation of Courts
• Scope of PIL is being limited
• Judiciary has become more open
• Concept of Justice at Door-Step encouraged
• Lok Adalats
• Special Courts to dispose off Petty Cases
• Evening Courts started in many States

LEGAL EDUCATION
At present there are two educational options for would-be Law graduates in India.
• One is a five year program, to which one can be admitted after passing a school-leaving
examination taken after completion of 10+2.
• The other is a three year program available only to those who have already graduated with a
degree in Arts, Science or Commerce.

ARE YOU AWARE THAT...
• About two-thirds of our laws have not been used in
independent India.
• About 10 per cent of them can be scrapped right away.
• And most of the 10 per cent in use currently have so many
obsolete and conflicting provisions.
• The oldest law in the country has been in operation for over
a century and half. The one sentence 1836 Bengal District
Act empowers the Bengal government to create as many
zillas as it wants. The Act still exists.

ARE YOU AWARE THAT... CONT…
• Under the Indian Sarais Act, 1867, it is a punishable offence for ‘inn-keepers’ not to offer free
drinking water to passer-by.
• Only about 40 per cent of our laws are in regular use. Independent India has till now found
no conceivable use for the rest.
• While India badly needs efficient laws, the time spent by the law-making body on the job is
unbelievably little.
• Parliament spends less than 0.6 per cent of a Lok Sabha day on law-making.

The State
Government-
Structure

THE LEGISLATIVE ASSEMBLY ( VIDHAN
SABHA)
•
•
•
1. COMPOSITION
LA of a state consists of not more than 500 and not less than 60
members chosen by direct election by the people.
Actual strength of each assembly is fixed from time to time on the
basis of latest census.
With the creation of some small states the number was reduced
to 30.
•

RESERVATION AND NOMINATION
•
•
•
• MLA are directly elected by the people on the basis of UAF and by
SECRET BALLOT.
Special provisions for the representations of SC, ST & AIC – to protect
the weaker sections of the society .
Governor can nominate 1member of the AIC
The special arrangements will last till the year 2000 AD which has been
extended upto 25 Jan 2010 AD by 79th Amendment.
•

QUALIFICATIONS FOR MEMBERSHIP
• Must be a citizen of India.
• Not be les than 25v years of age.
• Should not hold an office of profit under the government.
• Should be of sound mind and should not be an undischarged insolvent.
•

DISQUALIFICATIONS
• If he accepts the citizenship of foreign country.
•
•
• If he is declared by a court of law that he is of unsound mind.
• If he is disqualified by a law of the Parliament like the Anti Defection
Act.
Should be of sound mind and should not be an undischarged insolvent.
Anti- Defection Act :
Passed by the 52nd CAA, 1985, according to which a member of the
House, who is elected from one political party, is disqualified from his
membership if he joins another political party.
If he gives up membership of his political party , is also disqualified if he
gives up membership of his political party, or if he votes or abstains
from voting in the House against the direction of his party without its
prior permission.

ELECTION
• Are directly elected by people from territorial constituencies in a
State.
• 1 member of the AIC may be nominated by the Governor.
• Election through Secret Ballot on the basis of adult suffrage.
• System of territorial constituencies and single member constituency
is adopted for the purpose of election.

TERMS OF THE ASSEMBLY
• Elected for a term of 5 years.
• May be dissolved earlier by the Governor of the State on the advice
of the CM
• May also be dissolved earlier before the completion of its normal
term by the Governor when there is breakdown of Constitutional
machinery in the State.
• Governor recommends the President for President’s rule.
•

SESSIONS
• Must be summoned by the Governor at least twice a year.
• Intervening period between two periods between two sessions must
not exceed 6 months.
• The quorum for the meetings of the LA is fixed at one- tenth of the
total membership or ten members, whichever is applicable.

THE LEGISLATIVE COUNCIL ( VIDHAN PARISHAD)
• States with a bicameral legislature have two houses, LA & LC
(Upper House).
• Max strength of LC is 1/3 rd of the total strength of the LA or a
minimum number of 40 members, whichever is higher.
• LC consists of elected and nominated members.
• 5/6 of its total number of members is elected and 1/6 is nominated
by the Governor of the State.

PRIVILEGES OF THE MEMBERS OF THE STATE LEGISLATURE
•
1. Both the Houses of SLA enjoy freedom of speech in the House.
Cannot be tried in any court for
Anything said
Any vote cast by them in the House
Or in any of its
committees
Cannot be arrested in respect of a civil case during the Session to enable
the members to participate fully in the proceedings in the House

3. No legal notice or warrant for arrest can be served on a member of
the SL for an offence committed by him in the precinicts of the
Houses. Speaker of the LA and Chairman of the LC must be
informed if their members are to be arrested for an offence
committed by them outside the House.
4. Either House of the Assembly may condemn any outsider.

POWERS OF THE STATE LEGISLATURE
Legislative Financial Constitutional
Control over
the Executive

1. Legislative Powers
• Has exclusive powers to make laws for the
State on the 66 Subjects included in the
State List and can also make laws on the
47 Subjects mentioned in the Concurrent
List

CONSTITUTIONAL POWERS
• The SL do not have power to initiate amendments to the Constitution, but
their approval is essential for certain amendments. Amendments having
direct bearing on the States must be ratified by atleast one half of the SL in
the country.
• Elected Members of the LA participate in the election of President. Members
of RS are elected by the SLA.
• In a BL, the LA of the State elects 1/3rd Members of the LC of the State.

RELATIONSHIP BETWEEN THE LA & LC
• LA plays a dominant role in a State with BL.
Supremacy of LA over LC.
Legislative Sphere Financial Sphere Control over the
Executive

1. LEGISLATIVE SPHERE
• LC plays an interior an advisory role.
• Constitution- A Bill shall not be deemed to have been passed by the
Legstr unless it has been agreed to by both the Houses.
• Any Bill except the Money Bill can be introduced in the LC, but it has
no veto power over the Bill sent to it by the LA.
• A Bill passed by the LA is sent for LC for its consideration which has
the following options.
 LC may pass the Bill without the amendments. In this case the Bill is
sent to the Governor for his assent.
 LC may withhold a Bill for a maximum period of 3 months.
 LC may reject the Bill or propose some amendments.

2. FINANCIAL SPHERE
• In FC LA has real power.
• No MB can be introduced in LC.
• Once a MB is passed by the Assembly, it is referred to the LC for
approval.
• Council has to pass such a Bill within 14 days.
• After 14 days it is deemed to have been passed by the LC.

3. CONTROL OVER EXECUTIVE
• It can pass a VONCM against the Ministry and oust it.
• LC can only questions form the Minister and pass
adjournment motion.
• LA participates in the election of the President and the Members
of the RS.
• Were there is a bicameral legislature it elects 1/3rd Members of
the LC of the State.
• LC
• Weak Constitutional Appendix unnecessary
burden on the
State finance

THE STATE EXECUTIVE
GOVERNOR
LEGISLATURE
Legislative
Assembly
Legislative
Council
EXECUTIVE
Council of Ministers

Who is
Governor ?
 The Governor is the head of a state just like the President is the head of the
republic.The Governor is the nominal head of a state, while the Chief
Minister is the executive head.
 All executive actions of the state are taken in the name of the Governor.
According to an amendment in theConstitution of India, brought about in
1956, the same person can be the Governor of two or morestates.

Facts !!!
 Governor of a state can be removed from his post only by
president of India on the recommendation of Prime Minister.
 Governor ranks fourth in the Indian order of precedence after the
President,Vice President and PrimeMinister.

Executivepowers
 The Governor has the power to appoint the Council of Ministers
including the Chief Minister of the state, the AdvocateGeneral and
the members of the State Public ServiceCommission.
 However, the Governor cannot remove the members of the State
Public Service Commission as they can only be removed by anorder
of the President.
 The Governor is consulted by the President in the appointment of the
Judges of the state HighCourt.
 The Governor appoints Judges of the DistrictCourts.
 In all the states where a bicameral legislature is present, theGovernor
has a right to nominate the members, who are “persons having
special knowledge or practical experience in matters such as
literature, science, art, co-operative movement and social service”, to
the LegislativeCouncil.

LegislativePower
 As the Governor is said to be a part of the State Legislature, he hasthe
right of addressing and sending messages, summoning, deferring and
dissolving the State Legislature, just like the President has, in respect
to the Parliament.
 Although these are formal powers, in reality, the Governor must be
guided by the Chief Minister and his Council of Ministers before
making such decisions.
 The Governor inaugurates the state legislature and the first session of
each year, by addressing the Assembly, outlining the new
administrative policies of the ruling government.
 The Governor lays before the State Legislature, the annual financial
statement and also makes demands for grants and recommendation
of ‘Money Bills’.

Governor constitutes the State Finance Commission. He also holds the
power to make advances out of the Contingency Fund of the State in
the case of any unforeseen circumstances.
 All bills passed by the Legislative Assembly become a law, only after
the Governor approves them.
 In case it is not a money bill, the Governor holds the right to send it
back to theVidhan Sabha for reconsideration. But if theVidhan Sabha
sends back the Bill to the Governor the second time, then he has to
sign it.
 The Governor has the power to promulgate an ordinance when the
Legislative Assembly is not in session, and a law has to be broughtinto
effect immediately
 . However, the ordinance is presented in the state legislature in the
next session, and remains operative for a total of six weeks, unless it is
approved by the legislature.

JudicialPowers
 Governor cannot grant pardons, reprieves, respites or remission
of punishments. He can also suspend, remit or commute the
sentence of any person convicted of an offence against the law.
 The Governor is consulted by the President in the appointment of
the Chief Justice to the High Court of that particularstate.

EmergencyPowers
 In case no political party bags a majority in theVidhan Sabha of the
state, the Governor holds the power to use his discretion to select the
Chief Minister.
 The Governor informs the President in an official report, ofa
particular emergency arisen in the state, and imposes ‘President’s
Rule’ on the behalf of the President.
 The Governor, in such circumstances, overrides the advice or
functions of the Council of Ministers, and directs upon himself, the
workings of the state.

EligibilityCriteria
 As per the Constitution of India, the following are the eligibility
criteria for the appointment of the Governor in a particular
state:He or she must be a citizen of India.
 He or she must have completed 35 years of age.
 He or she must not hold any other office of profit.
 He or she must not be a member of the Legislature of the Union or
of any other state.There is no bar to the selection of a Governor
from amongst the members of the Legislature, provided that on
appointment, he or she immediately ceases to be a Member of the
Legislature.

THE CHIEF MINISTER
Qualifications:
-
-
-
Citizen of India:
25 years of age
Should be a Member of either house of State
Legislature.
Powers and Functions
Real Executive– vast powers
-
-
-
Working head– advises Govt. –selection of
Ministers.
Presides over meeting of council of ministers–
ensures principle of collective responsibility.
Communicates all decisions of council of
ministers– administrative affairs & proposals of
legislation to the Governor when called for…

-
-
-
-
-
THE CHIEF MINISTER
Powers and Functions(…contd.)
Presides over meeting of council of ministers–
ensures principle of collective responsibility.
Communicates all decisions of council of
ministers– administrative affairs & proposals of
legislation to the Governor when called for…
Places matter for consideration of council of
ministers where Governors require him to have the
decision of the Govt.
Channel of communication between Governor &
his Ministers
Sole channel of communication betn his ministers
& Legislature. (bills, resolutions etc. moved in
Legislature must have his approval).

-
THE CHIEF MINISTER
Powers and Functions(…contd.)
2. As Leader of major party– duty to see discipline is
maintained
4. Tender his resignation anytime to Governor.
can advise Governor
to summon persons for installation of ministry
to dissolve the House (result – President’s Rule)
Practically, power of patronage vests in CM.
consulted for appointment of state HC judges
and SPSC members etc.
postings and transfer cannot take place without
his approval.

STATE COUNCIL OF MINISTERS
Cabinet:
- is the Chief Executive body of Council of MINISTERs
- formulates / shapes policies
- initiates legislation
- coordinates work of various govt. agencies.
- guides, directs & controls the public admin
- implements Policies of the state.
(assisted by bureaucracy)
Quality of state administration is largely conditioned by
the leadership and direction provided by the Ministers

STATE COUNCIL OF MINISTERS
APPOINTMENT OF MINISTERS:
- by the Governor
- on the advise of the Chief Minister
Qualifications:
-
-
-
-
Citizen of India:
25 years of age
Should be a Member of either house of State Legislature
If non member, must become a member of legislature
within SIX months. Failing which he is liable to forfeit
his office.

State Council of MINISTERs
:On the advice of CM
- the Governor Appoints Ministers
- assigns/allocates (business) portfolios
- determines the RANK
RANK
Cabinet Ministers
Minister of State
Deputy Ministers
Cabinet Ministers: - attend meetings of Cabinet by right
Ministers of State: are not members of Cabinet
- ( attend any particular meeting) on invitation only.
Deputy Ministers: - assist the Cabinet Ministers

CABINET
- inner body of Council of Ministers
- Principal Ministers with important portfolios
-generally responsible for govt. admin & shaping
policies
FOUR major Functions:
- To approve all legislative proposals for enactment of
Government Policy
- To recommend all major appointments
- To settle all departmental disputes.
- To coordinate various activities of the Govt. and
to oversee execution of its policies.

State Council of Ministers
Collective responsibility:
- Council of Ministers shall be collectively responsible
to the State Legislative Assembly.
Hence Ministry as a body shall be under
Constitutional Obligation to resign as soon as it
looses the confidence of the House.
Responsibility of CM with Council of Ministers
Art. 163(1) : CM shall be ‘at the head of the Council of
Ministers’
Hence resignation or death of CM dissolves
the Cabinet

Powers and Functions Of State Council of Ministers
Legislative Functions:
Controls the legislature of the State Government.
- Formulates Policy submits and explains it to
Legislature for approval.
- Ministers initiate the entire legislation of importance
passed by Legislature.
Financial Powers :
-
-
-
Controls the Financial Policy of the State.
Finance minister submits the State Budget.
Legislature approves the budget-expenditure &
revenue items in its original form with the support of
subservient majority.

Powers and Functions Of State Council of Ministers
Executive Powers :
-
-
-
-
State Council of Ministers is the executive of the State
Ministers preside over the various depts. of the Govt.
Give directions to the administration.
Cabinet coordinates the policy among the various
dept.s and settles their conflicts.

High Courts
and
Subordinate Courts

Supreme Court or Apex Court
High Courts
District Courts
Subordinate Courts
There are also two branches
of the legal system:
Criminal Law: deals with the
committing of a crime by
any citizen/entity.
Civil Law: deals with
disputes over the violation
of the Fundamental Rights
of a citizen.

HIGH COURTS
• Just below the Supreme Court High Courts are the highest courts of law
in States, the top position in Judicial Administration of state.
• These Courts hear appeals from numerous subordinate courts working
at district level.
• Originated in 1866, High Courts were set up in Calcutta, Bombay and
Madras. In the Constitution, there is a provision for the High court in
each state but by 7th amendment act of 1956 one or more state can
have common high court.
• The high court is headed by the chief justice of the hc. If required
parliament can increase the number of additional hc judges to clear
pending cases.

LIST OF HIGH COURTS IN INDIA
• Kerala High Court
• Uttarakhand High Court
• Tripura High Court
• Sikkim High Court
• Rajasthan High Court
• Punjab and Haryana High Court
• Patna High Court
• Orissa High Court
• Meghalaya High Court
• Manipur High Court
• Madras High Court
• Madhya Pradesh High Court
•Karnataka High Court
•Jharkhand High Court
•Jharkhand Legislative
Assembly (Officers Pay and
Allowances) Act, 2001
•Jammu and Kashmir High
Court
•Himachal Pradesh High Court
•Gujarat High Court
•Gauhati High Court
•Chhattisgarh High Court
•Calcutta High Court
•Bombay High Court
•Allahbad High Court
•Delhi High Court

Qualification for appointment as a judge of HC
• citizen of India
• not more than 62 yrs of age
• held a judicial office for at least 10 yrs or worked as an advocate in a HC (or
more than one court) for at least 10 yrs
Appointment of HC judges
• appointed by the President in consultation with the Chief Justice of SC &
Governor of the concerned state
• appointment of other HC judges is done by the President in consultation with the
Chief Justice of SC, HC & Governor of that state
Term of office of HC judge
• can hold office until the judge reaches or attains the age of 62 yrs.
• In case of resignation, the HC judge needs to submit the letter to the President.

Removal ofHC judges
• can be removed only by the president
on the president on the grounds of
‘proved misbehavior or incapacity’
• approval of 2/3rd (majority) of both
the houses is also needed for the
impeachment of the HC judge
Retirement – till the judge attains or
reaches 62 yrs
Salaries & emoluments
• cant be changed by anyone except
during financial emergency.
• provided rent free accommodation
and other allowances. Its paid
from the consolidated fund of the
state
Transfer
• president can transfer a HC judge
from one HC to another only in
consultation with Chief Justice of SC, 4
senior most judges of SC and approved
by the Chief Justice of HC (from which
transfer is taking place) and another
Chief Justice of HC (to which the
transfer is to be effected)
Prohibition/restriction of practice
after retirement
• aren't allowed so that they don't get
partial towards any prospective
employer and also stops them from
influencing their former colleagues

ENFORCEMENT OF FUNDAMENTAL RIGHTS
HC-GUARDIAN OF FUNDAMENTAL RIGHTS

Revisory jurisdiction
Judicialreview

LIST OF DISTRICT COURTS IN INDIA & UNION
TERRITORIES
• Andhra Pradesh (23)
• Assam (23)
• Chhattisgarh (16)
• Goa (2)
• Madhya Pradesh (48)
• Maharashtra (35)
• Uttarakhand (13)
• Uttar Pradesh (70)
• Tamil Nadu (29)
• Rajasthan (33)
• Gujarat (26)
• West Bengal (23)
• Chandigarh (1)
• Dadra and Nagar Haveli (1)
• Daman and Diu (2)
• Lakshadweep (1)
• Pudhucherry (4)

VILLAGE COURTS
• Village Courts, called Lok Adalat (people’s court) or Nyaya
Panchayat (justice of the village ) composes a system of
alternative dispute resolution
• The system is based on the principles of the Panch
Parameshwar of Gram Panchayats which were also proposed
by Mahatma Gandhi
• It was the Legal Service Authority Act 1987, which gave
statutory to Lok Adalat

IC Module 2 (1).pptx

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IC Module 2 (1).pptx