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JUDICIARY- HIGH COURT, SUBORDINATE COURTS, ISSUES, JUDICIAL REFORMS AND JUDICIAL ACTIVISM

 

Contents1. High Court1.1. Organization of High Court1.2. Eligibility Criteria for High Court Judges1.3. Tenure of Judges1.4. Appointment of JudgesRegular Judges (Art. 217(1))Acting Chief Justice (Art. 223)Additional and Acting Judges (Art. 224)Retired Judges (Art.224A)1.5. Oath1.6. Salaries of Judges1.7. Removal of Judges1.8. Transfer of Judges1.9. Jurisdiction and Powers of High Court1.9.1. Original Jurisdiction1.9.2. Writ Jurisdiction1.9.3. Appellate Jurisdiction1.9.4. Power of Superintendence1.9.5. A Court of Record1.9.6. Power of Judicial Review (Art. 13 and Art. 226)2. Subordinate CourtsAppointment of District Judges (Art.233)Appointment of other Judges (Art.234)Control over Subordinate Courts (Art.235)Structure and Jurisdiction2.1.1. Structure2.1.2. Jurisdiction2.1.3. Procedure followed by Gram Nyayalayas2.1.4. Appeal against the decision of Nyayalayas2.1.5. Issue with Gram Nyayalayas2.2. Alternative Dispute Resolution (ADR)2.2.1. Tools of Alternative Dispute Redressal2.2.2. Advantages of ADRs2.2.3. Disadvantages of ADRs2.2.4. High Level Committee on institutionalization of arbitration3. The National Legal Services Authority3. To organize legal awareness camps in the rural areas.4. Lok Adalats4.1. Levels of Lok Adalat4.2. Types of Lok Adalat4.3. Criticism of Lok Adalats5. Fast Track Courts (FTCs)These are additional Session Courts set up for speeding up the trials of long pending cases, particularly those involving under trials.6. Commercial Courts6.1. Key features of the 2015 Act6.2. Significance6.3. Issues ♤ Vagueness ♤ Exclusion6.4. The 2018 Amendment to the Act7. All India Judicial Service (AIJS)7.1. Historical background7.2. Rationale for AIJS7.3. Arguments against AIJS8. Judicial Activism and Judicial Overreach8.1. Difference between Judicial Activism and Judicial OverreachWhat did the Supreme Court say in its recent judgment?Way Forward8.2. Examples of Judicial Activism in India8.2.1. Persons in custody to be debarred from contesting elections8.2.2. MPs, MLAs to be Disqualified on Date of Criminal Conviction8.2.3. SC Ruling on Appointments in Central Information Commission8.2.4. Supreme Court’s Ruling on Fixed Tenure for Bureaucrats8.2.5. Voter’s right to cast negative vote8.2.6. The VVPAT Ruling8.2.7. Ruling on Election Manifesto8.2.8. Stay on Caste-Based Rallies in UP8.2.9. Ruling on Nomination Papers8.2.10. Judgment on Commutation of Death Sentence8.2.11. Supreme Court’s Ruling on Acid Sale8.2.12. Interlinking of Rivers8.2.13. Earlier Cases of Judicial Activism9. Comparison between the Supreme Court and High Court2019Ans. (d)Ans. (b)Ans. (c)Ans. (b)Ans. (a)Ans. (d)Ans. (d)Ans. (a)Ans (c)2003Ans. (b)Ans. (a)Ans. (b)12. Previous Year GS Mains Questions1. Examine the need of ADR mechanisms in India and comment on their efficacy in dispute redressal.Answer:2. Elaborate the functions and structure of Nyaya Panchayats. Also discuss how it works at the grass-root level for the dispensation of justice.Answer:3. If the Supreme Court and the High Courts both were to be thought of as brothers in the administration of justice, the High Court has a larger jurisdiction but the Supreme Court still remains the elder brother. -Justice R.C Lahoti. In the context of the above statements describe the relationship between the apex court and the high courts in India.Answer:4. Give an account of the factors responsible for the limited success of Lok Adalats. What measures are required to ensure that Lok Adalats function as an effective dispute redressal mechanism?Answer:5. Centralising recruitment through an All-India Judicial Service (AIJS) will not address the multiple problems in the judiciary and cause new ones instead. Critically evaluate.Answer:1. Concept of Federalism1.1. Federalism in IndiaUnitary Features:2. Federal Structure2.1. Union State Legislative Relations (Arts. 245 to255)2.2. Administrative Relations (Arts. 256 to263)2.3. Financial Relations (Art.268 to Art.293)2.4. Trends in Centre-State relations2.5. Miscellaneous Issues3. UPSC Prelims Questions4. UPSC GS Mains QuestionsFederalism/Union State Relations5. GS Mains Test Series Questions1. “Modern Indian federalism owes its origin to the dual legacies of colonial administration and structure of Indian society.” Elaborate.2. What are the provisions of Inter State Council as mentioned in the Constitution. Have such Councils been helpful in maintaining the solidarity among the States?3. Economic and financial reforms have huge bearing on Centre – state relations. Discuss the statement in the light of economic and financial reformative measures initiated in last two decades.Answer:4. Assess the effectiveness of the institutional architecture of Indian federalism in settling inter-state disputes.Answer:Existing institutional architecture of India federalism in settling inter-state disputesThe effectiveness of the institutional architecture of India federalism in settling inter- state disputes:Special provisions under the Indian Constitution:Part 2Part 3Answer:Centralised Planning:ObjectivesPerformance of NITI Aayog Achievements:Shortcomings/Criticism:Measures to make NITI Aayog more effectiveStructure of NITI Aayog:Functions of NITI Aayog:Relevance of NITI Aayog in contemporary time:Economic decentralizationControl over political managementStructural Issues

  

 

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