The document discusses the court system in India including district courts and tribunals. It explains that district judges are appointed by state governors in consultation with the high court. It also outlines that the high court has control over district and subordinate courts. Additionally, it defines tribunals as quasi-judicial bodies and summarizes articles 323A and 323B which provide for administrative and other tribunals in India and matters they can hear. The Supreme Court has ruled that Parliament has the power to establish tribunals for other matters based on these sections.
The document discusses the court system in India including district courts and tribunals. It explains that district judges are appointed by state governors in consultation with the high court. It also outlines that the high court has control over district and subordinate courts. Additionally, it defines tribunals as quasi-judicial bodies and summarizes articles 323A and 323B which provide for administrative and other tribunals in India and matters they can hear. The Supreme Court has ruled that Parliament has the power to establish tribunals for other matters based on these sections.
The document discusses the court system in India including district courts and tribunals. It explains that district judges are appointed by state governors in consultation with the high court. It also outlines that the high court has control over district and subordinate courts. Additionally, it defines tribunals as quasi-judicial bodies and summarizes articles 323A and 323B which provide for administrative and other tribunals in India and matters they can hear. The Supreme Court has ruled that Parliament has the power to establish tribunals for other matters based on these sections.
BELOW THE HC. THE SUBORDINATE COURTS ARE IMPORTANT AS THEY ARE IN CLOSE CONTACT WITH PEOPLE.
ARTICLE 233 – APPOINTMENT OF DISTRICT JUDGES-
1.APPOINTMENT, POSTING AND PROMOTION OF DISTRICT JUDGES IN A STATE ARE MADE BY THE GOVERNOR IN CONSULTATION WITH HC.
2.A PERSON IS QUALIFIED TO BE APPOINTED AS
DISTRICT JUDGE WHEN- (i) HE HAS BEEN FOR NOT LESS THAN 7 YEARS AS ADVOCATE, AND (ii)HE IS RECOMMENDED BY THE HC FOR SUCH APPOINTMENT. ARTICLE 235- HC CONTROL OVER DISTRICT AND SUBORDINATE COURTS-
ACCORDING TO THIS ARTICLE, THE CONTROL OVER
DISTRICT AND SUBORDINATE COURTS IS VESTED IN HC INCLUDING THE POSTING AND PROMOTION OF, AND THE GRANT OF LEAVE TO, PERSONS BELONGING TO THE STATE JUDICIAL SERVICE, AND HOLDING A POST INFERIOR TO THAT OF A DISTRICT JUDGE.
THIS ARTICLE IS NOT CONSTRUED TO TAKE AWAY
FROM ANY SUCH PERSON ANY RIGHT TO APPEAL WHICH HE MAY HAVE UNDER THE LAW REGULATING HIS CONDITIONS OF SERVICE. TRIBUNAL A TRIBUNAL IS A QUASI- JUDICIAL BODY, EXERCISING SOME JUDICIAL FUNCTION. QUASI JUDICIAL MEANS ANY BODY WHICH IS NOT PURELY ADMINISTRATIVE OR EXECUTIVE OR LEGISLATIVE IN NATURE WITHOUT EXERCISING ANY JUDICIAL FUNCTIONS. IT IS NOT A FULL- FLEDGED COURT. TRIBUNALS ARE SET UP WHEN NECESSARY LEGISLATION IS ENACTED FOR THE PURPOSE BY CONCERNED LEGISLATION.
ARTICLE 323 A AND 323 B PROVIDE FOR TRIBUNAL SYSTEM
IN INDIA.
ARTICLE 323 A- ADMINISTRATIVE TRIBUNALS
1. PARLIAMENT MAY BY LAW PROVIDE FOR THE ADJUDICATION OR TRIAL BY ADM TINISTRATIVE TRIBUNALS OF DISPUTES AND COMPLAINTS WITH RESPECT TO RECRUITMENT AND CONDITIONS OF SERVICE OF PERSONS APPOINTED TO PUBLIC SERVICES AND POSTS IN CONNECTION WITH AFFAIRS TO UNION OR OF ANY STATE OR OF ANY LOCAL OR OTHER AUTHORITY. 2. A LAW MADE UNDER CLAUSE (1) MAY, (a) PROVIDE FOR ESTABLISHMENT FOR UNION AND FOR EACH STATE OR FOR TWO OR MORE STATES. (b) SPECIFY THE JURISDICTION, POWERS AND AUTHORITY WHICH IT MAY EXERCISE. (c) PROVIDE FOR THE PROCEDURE TO BE FOLLOWED BY TRIBUNALS. (d) PROVIDE FOR THE TRANSFER OF CASES BEFORE ANY COURT OR OTHER AUTHORITY
ARTICLE 323 B- TRIBUNALS FOR OTHER MATTERS-
1. THE APPROPRIATE LEGISLATURE MAY, BY LAW, PROVIDE FOR THE ADJUDICATION OR TRIAL BY TRIBUNALS OF ANY DISPUTES, COMPLAINTS, OR OFFENCES WITH RESPECT TO ANY MATTER SPECIFIED IN CLAUSE (2) 2. THE MATTERS REFERRED TO IN CLAUSE (1) ARE, NAMELY- (a) LEVY, ASSESMENT, COLLECTION AND ENFORCEMENT OF ANY TAX, (b) FOREIGN EXCHANGE, IMPORT AND EXPORT ACROSS CUSTOMS FRONTIERS, (c) INDUSTRIAL AND LABOUR DISPUTES (d) LAND REFORMS (e) CEILING ON URBAN PROPERTY (f) ELECTIONS TO PARLIAMENT OR STATE LEGISLATURE (g) PRODUCTION, PROCUREMENT, SUPPLY AND DISTRIBUTION OF FOODSTUFF AND OTHER ESSENTIAL GOODS AND CONTROL OF PRICES OF SUCH GOODS (h) RENT, REGULATION OF TENANCY ISSUES INCLUDING THE RIGHT, TITLE AND INTEREST OF LANDLORDS AND TENANTS (i) OFFENCES AGAINST LAWS WITH RESPECT TO THESE MATTERS. IN UOI Vs DELHI HC BAR ASSOCIATION, SC HAS RULED THAT PARLIAMENT HAS POWER TO ENACT THE LAW IN QUESTION. THE PARLIAMENT HAS POWER TO ESTABLISH A TRIBUNAL FOR ANY OTHER MATTER NOT COVERED UNDER THESE SECTIONS.