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STATE JUDICIARY

PROJECT REPORT ON CONSTITUTION

SUBMITED TO: Dr. SHRUTI BEDI

SUBMITED BY: NEERAJ GARG B.COM. LL.B. 2ndYEAR 144/12

Table of Contents
1. Acknowledgment 2. Supreme Court 3. Introduction to H.C. 4. Appointments and Qualifications 5. Oath or Affirmation 6. Restriction on Practice 7. Salaries 8. Transfer of Judges 9. Acting Chief Justice 10. Additional and Acting Judge 11. Powers and Functions of high court 12. Jurisdiction of High Courts As a court of record Pre Constitution Jurisdiction Writ Jurisdiction Superintendence 13. District Court 14. E-court Mission 15. Conclusion 16. Bibliography 12 12 13 14-15 15-16 16 16-17 18 1 2-4 4-5 5-7 7 7 8 8 8 9 10-11

ACKNOWLEDGEMENT
Apart from the efforts of myself, the success of my project depends largely on the encouragement and guidelines of many others. I take this opportunity to express my gratitude to the people who have been instrumental in the successful completion of this project. I would like to show my greatest appreciation to Dr. Shruti Bedi. I cant say thank you enough for her tremendous support and help. I feel motivated and encouraged every time I attend her lecture. Without her encouragement and guidance this project would not have materialized. The guidance and support received from my friends who contributed, was vital for the success of the project. I am grateful for their constant support and help.

NEERAJ GARG 144/12

The Indian Judiciary is partly a continuation of the British legal system established by the English in the mid-19th century based on a typical hybrid legal system known as the Common Law System, in which customs, precedents and legislative are all components of the law. The Constitution of India is the supreme legal document of the country. There are various levels of judiciary in India different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom. Courts hear criminal and civil cases, including disputes between individuals and the government. The Indian judiciary is independent of the executive and legislative branches of government according to the Constitution.

Supreme Court of India (124 -147)


On 28 January 1950, two days after India's constitution came into force, the Supreme Court of India was founded in Delhi. The inauguration took place in the Princes Chamber in the Parliament building complex which also housed both the Rajya Sabha and the Lok Sabha, also known as the Council of States and the House of the People, respectively. After its inauguration on 28 January 1950, the Supreme Court commenced its sittings in a part of the Parliament House. The Court moved into the present building in 1958. The building is shaped to project the image of scales of justice. The Central Wing of the building is the Centre Beam of the Scales. In 1979, two New Wings the East Wing and the West Wing were added to the complex. In all there are 15 Court Rooms in the various wings of the building. The Chief Justice's Court is the largest of the Courts located in the Centre of the Central Wing.1 The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges leaving it to Parliament to increase this number. In the early years, all the Judges of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and arrears of cases began to accumulate, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978 and 26 in 1986. As the number of the
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Judges has increased, they sit in smaller Benches of two and three coming together in larger Benches of 5 and more only when required to do so or to settle a difference of opinion or controversy. The Supreme Court of India comprises the Chief Justice and 25 other Judges appointed by the President of India, as the sanctioned full strength. Supreme Court Judges retire upon attaining the age of 65 years. In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for at least five years, a Judge of a high court or of two or more such Courts in succession, or an advocate of a high court or of two or more such Courts in succession for at least 10 years or he must be, in the opinion of the president, a distinguished jurist. Provisions exist for the appointment of a Judge of a high court as an ad hoc judge of the Supreme Court and for retired judges of the Supreme Court or High Courts to sit and act as Judges of that Court. The Constitution seeks to ensure the independence of Supreme Court Judges in various ways. A judge of the Supreme Court cannot be removed from office except by an order of the president passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the president in the same Session for such removal on the ground of proved misbehavior or incapacity. A person who has been a Judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India. The proceedings of the Supreme Court are conducted in English only. Supreme Court Rules, 1966 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court.2 The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Primarily, it is an appellate court which takes up appeals against judgments of the High Courts of the states and territories. However, it also takes writ petitions in cases of serious human rights violations or any petition filed under Article 32 which is the right
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to constitutional remedies or if a case involves a serious issue that needs immediate resolution. The Supreme Court of India had its inaugural sitting on 28 January 1950, and since then has delivered more than 24,000 reported judgments.

Introduction to High Court:


The Calcutta High Court is the oldest High Court in the country, established on 2 July 1862. High courts which handle a large number of cases of a particular region, have permanent benches (or a branch of the court) established there. The High Courts are the principal civil courts of original jurisdiction in the state along with District Courts which are subordinate to the High courts. However, High courts exercise their original civil and criminal jurisdiction only if the courts subordinate to the high court in the state are not competent (not authorized by law) to try such matters for lack of pecuniary, territorial jurisdiction.

The High Courts in the States (Articles 214 to 231):


There are 24 High Courts at the State level. Article 141 of the Constitution of India mandates that they are bound by the judgments and orders of the Supreme Court of India by precedence. These courts have jurisdiction over a state, a union territory or a group of states and union territories. Below the High Courts are a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts. High courts are instituted as constitutional courts under Part VI, Chapter V, and Article 214 of the Indian Constitution. However, primarily the work of most High Courts consists of Appeals from lower courts and writ petitions in terms of Article 226 of the Constitution of India. Writ Jurisdiction is also original jurisdiction of High Court. The precise territorial jurisdiction of each High Court varies. Art.214 declares that there shall be a High Court for each State. Art. 216 declare that Every High Court shall have a Chief Justice and such number of Judges as the President may from time to time deen it necessary to appoint. The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average, or the average rate of disposal of main cases per judge per year in that High Court, whichever is higher. However, Parliament by law may establish a common High Court for two or more States or for two or more States and a union Territory (Art.231). The Constitution also provides, under

Art.230, that Parliament may by law extend the jurisdiction of a High Court or exclude its jurisdiction from any union Territory. Within its territorial jurisdiction, a High Court may have one or more benches Constitution of High Courts (Art.216). Judicial decisions establish that the Chief Justices of the High Courts and the Chief Justice of India (CJI) may periodically review the strength of the High Courts and in the interest of efficient administration of Justice may recommend to the President that the strength of the High Court be increased. When the CJI makes such a recommendation, the President is required to act expeditiously. Needless to say, that it is the Executive, in reality, that has to act promptly.3

Appointment and Qualifications for the Office of a Judge of a H.C. (Art.217):


(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the chief Justice, the chief Justice of the High court, and shall hold office, in the case of an additional or acting Judge, as provided in Article 224, and in any other case, until he attains the age of sixty two years Provided that (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office by the President in the manner provided in clause (4) Of Article 124 for the removal of a Judge of the Supreme Court; (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India (2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and (a) has for at least ten years held a judicial office in the territory of India; or (b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession; Explanation For the purposes of this clause (a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the

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person has been an Advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law; (aa) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law after he became an advocate; (b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947 , within India as defined by the Government of India Act, 1935 , or has been an advocate of any High Court in any such area, as the case may be (3) If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.4 Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal. Before appointing, the President has to consult the Chief Justice of India and the Governor of the State. In the case of appointment of a Judge other than the Chief Justice, the President shall consult the Chief Justice of the High Court. Further, it may be noted that as regards the appointment of High Court Judges, the CJI is required to consult two senior-most Judges of the Supreme Court. Hence, the opinion of CJI means the opinion of a collegiums consisting of himself and two senior-most Judges of the Supreme Court. But, it has to be noted that the process of appointment of a High Court Judge has to be initiated by the Chief Justice of the High Court concerned. His sole opinion is of not much consequence. Because, he must take into account the opinions expressed by two senior-most Judges of his High Court. The Consultation Process should be in writing. That is, all the opinions of consulted and the one consulting should be in writing. The appointment of a Judge to the High Court must be in conformity with the opinion of the CJI (that is, the Collegiums Opini on, referred to, earlier) In case of disagreement between the President & CJI, the latters opinion shall prevail. As regards the appointment of the Chief Justice of the High Court, it appears that it should be made on the basis of the All India Seniority of High Court Judges. A Judge of the High Court
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shall retire on his attaining the age of Sixty-Two years Art.217 (1). He can, of course, resign by writing to the President of India. As in the case of a Judge of the Supreme Court, a Judge of a High Court can be impeached on grounds of proved misbehavior or incapacity. Refer to relevant material under Union Judiciary. Art.217 (1(b)). In S.C.Advocates on Record assocn. V union of India, the Supreme Court laid down principles and the prescribed procedural norms to be followed in appointment of the judges of the high courts. The court ruled that the process of the appointment of the judges of the high court must be initiated by the chief justice of the concerned of the high court. In this manner greatest significance must be attached to the views of the chief justice of India, formed after taking into account the views of the colleagues in the supreme court, who were found to be conversant with the affairs of the high court, as also the views of one or more judges of the high court, whose opinion, according to the CJI, was found to be significant in the formation of his opinion.

Oath or Affirmation by Judges of High Courts (Art. 219):


Oath or affirmation by Judges of High Courts Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule5

Restriction on Practice in regard to a Permanent Judge of a H.C. (Art.220):


A Permanent Judge of a High Court shall not plead or act in any court or before any authority in India except the Supreme Court other High Courts. A reading of the provisions under Art.217 indicates that in so for as the resignation and removal of the High Court Judges are concerned they are mutatis mutandis (with due alteration of details in comparing cases) the same as those for the Judges of the Supreme Court. 6

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Salaries etc, of Judges (Art. 221):


(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule (2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule: Provided that neither the allowances of a Judge nor his rights in respect of leave of absence shall be varied to his disadvantage after his appointment7

Transfer of Judges from one H.C. to another (Art. 222):


The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court. When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963 , as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.8

Acting Chief Justice (Art. 223):Appointment of acting Chief Justice When the office of Chief Justice of High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purposes.9

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Additional and Acting Judge [Art. 224]:Clause 1 of article 224 empowers president to appoint duly qualified persons, to be the additional judges of the high court for a period not exceeding 2 years, as he may specify:- If by reason of any temporary increase in the business of High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specific. No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty two years

Acting judge [article 224(2)]:When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.

Ad hoc judges:Appointment of retired Judges at sittings of High Courts.- Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court: Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.10

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Powers and Functions of High Court:


i) Appointment of District Judges. Art.233: In regard to the appointment, posting and promotion or District Judges, the Governor of State is required to consult the High Court exercising jurisdiction in relation to such State. ii) Recruitment to Judicial Service. Art.234: When persons have to be recruited for judicial service (Posts of District Judges excluded), appointments have to be made by the Governor of the State in accordance with the rules made by him after consultation with the State Public Service Commission and the High Court of the State .iii) Control Over Subordinate Courts. Art.235: The control over District Courts and Courts subordinate thereto including the posting and promotion of and grant of leave to persons in Judicial Service holding posts inferior to that of District Judge shall be vested in the High Court. This Control is for ensuring the Independence of the Subordinate Judiciary. iv) Highest Court of Appeal in the State: In the State, the High Court is the Highest Court of Appeal in respect of both civil and criminal matters v) Transfer of certain cases to High Court. Art.228: On being satisfied that a case pending in a subordinate court involves a substantial question of law as to the interpretation of the Constitution and that the determination of the question is necessary for the disposal of the case, the High Court may withdraw the case and dispose it or may determine the question of law and return the case with its Judgment on the question to the subordinate court which shall then dispose of the case in conformity with such Judgment. vi) Power of Superintendence over all Courts by the High Court. Art.227: Every High Court shall have the power of superintendence over the subordinate courts and tribunals within its Jurisdiction. Interference by the High Court under Art.227 can be suo moto. The High Court can interfere when shown that grave injustice has been done to a party. Or, when the jurisdictional defect of the inferior court or tribunal is established Art.227 Jurisdiction is exercisable when lack of Jurisdiction, errors of law, gross violation of Natural Justice or perverse findings is established, High Court has no power of superintendence over any Court or Tribunal constituted under any

law relating to the Armed Forces. The High Courts Power under Art227 is exercisable even in such situations when no appeal or revision lies to the High court. vii) Power of the High Courts to Issue certain Writs Art.226: Art.226 is one of the most significant and important Articles in our Constitution. An Article most often invoked by an aggrieved citizen for seeking redress from the High Court. An Article greater in scope than Art.32 because the High Court is empowered under Art.226 to issue to any person or authority in its jurisdiction, directions, orders, or writs, including writs in nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of the fundamental rights and for any other purpose. Remedy under Art.226 is discretionary. Power under Art.226 is to be exercised to examine whether the action under challenge is lawful or unlawful . The High Court may dismiss the writ petition if there be an alternative, convenient, efficacious remedy. I suppose the learned Professor who has spoken earlier on :Fundamental Rights has already given you an account of the various kinds of writs, their characteristic features, when they would issue, etc. You may please refer to the materials under Art.32. viii) Power to Punish for Contempt (Art.215): Art.215 declares that every High Court shall be a Court of Record and shall have all the powers of such a Court including the power to punish for contempt of itself.11

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Jurisdiction of the High Court


As Court of Record (Art. 215)
Why power to commit for contempt has been conferred upon a Court of Record? These have already been dealt with under Art.129. The text accompanying Art.129 may be referred to. (Art.129): Art.129 declares that the Supreme Court shall be a Court of Record and has all the power of such a court including the power to punish for contempt of itself. A Court of Record is one where its acts and judicial proceedings are enrolled for a perpetual memorial and testimony and has the power to fine and imprison for contempt of itself.. A Court of Record is a Court whose records are of evidentiary value and cannot be questioned when produced before any court. Power to punish for contempt is conferred to uphold the majesty and dignity of the court, to prevent scandalisation of the judiciary, to ensure that the stream of justice remains unsullied, to bar interference in the administration of justice. The power of the Supreme Court to punish for contempt extends to all Courts and Tribunals subordinate to it. For the exercise of the power to punish for contempt, no one has to appraise the court. The court can act suo moto. Fair and objective criticism of courts will not amount to contempt.12

Pre-Constitution Jurisdiction (Art. 225)


Jurisdiction of existing High Courts Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution: Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the act.13

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Power of High Courts to issue certain writs (Art. 226):


(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose (2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories (3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated (4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32 exercise of such jurisdiction14

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Power of superintendence over all courts by the H.C. (Art. 227,228&235):


Art. 227 (1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction (2) Without prejudice to the generality of the foregoing provisions, the High Court may (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces 15 Art. 228 Transfer of certain cases to High Court If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may (a) either dispose of the case itself, or (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment16

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Article 235 Control over subordinate courts The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law17

District Courts of India


The District Courts of India are established by the State governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district. They administer justice in India at a district level. These courts are under administrative control of the High Court of the State to which the district concerned belongs. The decisions of District court are subject to the appellate jurisdiction of the concerned High court. The district court is presided over by one District Judge appointed by the state Government. In addition to the district judge there may be number of Additional District Judges and Assistant District Judges depending on the workload. The Additional District Judge and the court presided have equivalent jurisdiction as the District Judge and his district court. The district judge is also called "Metropolitan session judge" when he is presiding over a district court in a city which is designated "Metropolitan area" by the state Government. The district court has appellate jurisdiction over all subordinate courts situated in the district on both civil and criminal matters. Subordinate courts, on the civil side (in ascending order) are, Junior Civil Judge Court, Principal Junior Civil Judge Court, Senior Civil Judge Court (also called sub-court). Subordinate courts, on the criminal side (in ascending order) are, Second Class Judicial Magistrate Court, First Class Judicial Magistrate Court, and Chief Judicial Magistrate Court. According to the World Bank, "although India's courts are notoriously inefficient, they at least
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comprise a functioning independent judiciary" A functioning judiciary is the guarantor of fairness and a powerful weapon against corruption. But people's experiences in fall far short of this ideal. Corruption in the judiciary goes beyond the bribing of judges. Court personnel are paid off to slow down or speed up a trial, or to make a complaint go away. Judges are also subject to pressure from above, with legislators or the executive using their power to influence the judiciary, starting with skewed appointment processes. Citizens are often unaware of their rights, or resigned, after so many negative experiences, to their fate before a corrupt court. Court efficiency is also crucial, as a serious backlog of cases creates opportunities for demanding unscheduled payments to fast-track a case.18

E-Courts Mission Mode Project


The E-courts project was established in the year 2005. According to the project, all the courts including talus courts will get computerized. As per the project in 2008, all the District courts were initialized under the project. In 2010, all the District courts were computerized. The entry of back log case has started. The IT department had one system officer and two system assistants in each court. They initiated the services in the Supreme Court in June 2011. The case lists and the judgments of most district courts are available in http://lobis.nic.in. And http://judis.nic.in is used to connect all High Courts and Supreme Court judgments and cause list. These websites are updated daily by a technical team. Now the establishment work is going on taluk courts. The project also includes producing witnesses through video conferencing. Filing cases, proceedings, and all other details will be in computers. Each district court contains 1 system officer and 2 system assistants. This technical manpower is involved in training the staff, updating web sites.

CONCLUSION
It is clear from the historical overview that judicial independence has faced many obstacles in the past especially in relation to the appointment and the transfer of judges. Courts have always tried to uphold the independence of judiciary and have always said that the independence of the judiciary is a basic feature of the Constitution. Courts have said so because the independence of
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judiciary is the pre-requisite for the smooth functioning of the Constitution and for a realization of a democratic society based on the rule of law. The decision of the Judges Case was could never have been intended by the framers of the Constitution as they always set the task of keeping judiciary free from executive and making it self-competent. Whenever there is a mention of the independence of the judiciary, there is always a concern about the latent dangers of the judicial independence and there arises the importance of Judicial Accountability. The recent development in this regard is the recommendation of the Law Commission for the inclusion of a whistleblower provision, aimed at protecting those making complaints against judges, in a draft bill dealing with the removal of judges of the Supreme Court and High Courts. Introduction of such a bill by the Law Commission is a major step in the direction of making changes to the rigid procedure in our constitution for the removing of the judges of the Supreme Court and the High Courts.The final outcome of the above discussion is that the importance of the independence of the judiciary was long ago realized by the framers of the constitution which has been accepted by the courts by marking it as the basic feature of the constitution. It is well known law has to change so as to meet to the needs of the changing society. Similarly judicial independence has to be seen with the changing dimension of the society. Judicial Accountability and Judicial Independence have to work hand in hand to ensure the real purpose of setting up of the institution of judiciary.19 There is a saying that

Power corrupts, and absolute power corrupts absolutely Lord Acton20

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http://mesteducation.com/how-the-indian-judiciary-is-structured/ http://www.brainyquote.com/quotes/quotes/l/lordacton109401.html

BIBLIOGRAPHY
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