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Constitution and Jurisdiction

Page Type

Constitution

219.         Appointment of district judges.

(1)         State Judicial Commission shall select the persons for appointment as the members of Judicial Services of the State, in accordance with the Law made by the Parliament on the basis of and with or without any changes in the Draft forwarded by the Law Commission of Bharat, after consultation with the National Judicial Commission and Public Service Commission and in accordance with the Rules notified by the Law Commission of Bharat:

(2)        The Governor shall appoint such person as the members of State Judicial Services by his hand and seal, provided Governor have no doubt about integrity, honesty or competency of such person.

(1)                Law made by the Parliament and Rules notified by the Law Commission of Bharat shall provide appropriate provisions, clear rules, regulations and guidelines in respect of selections of the person as member of State Judicial Services, and after appointment his posting, transfer, promotion and supervision of his performance shall be regulated by the respective High Court of a State. Every new appointee shall be on training for at least one year and during such period he shall sit with another judge of the district courts. 

(2)                Appointment of a person as the member of the State   Judicial Service may be challenged before a High Court having Jurisdiction, within six months from his appointment. If High Court admits such application challenging appointment of a person as a member of State Judicial Service, till disposal of such application he shall not be assigned any independent judicial work. 

(3)                The provision of limitation under Clause (3) shall not debar any challenge in respect of any appointment, if in subsequent events it discovered that during entire lifetime, any false statement is made.

 

220.    Jurisdiction of the Court of the District Sessions and Civil Judge in respect of Criminal complaint against criminal misconduct of the public servants.

Every Court of District Sessions and Civil Judge shall admit a complaint after preliminary satisfaction, against the criminal misconduct of any public servant whether he is employee or not under the Central or State Government, if his criminal misconduct is not covered by original jurisdiction of the Supreme Court or any High Court and after admit, it should be forwarded to a appropriate subordinate court for further criminal proceedings.

 

221.   Jurisdiction of the all Courts within a District other than the District Sessions and Civil Court in respect of Civil and Criminal matters.

(1) For all civil litigation entire District of originating dispute shall be Original Jurisdiction for such dispute.

(2) Each Bench of the Sessions and Civil Court, in the District shall consist of at least three Judges.

(3) If any suit filed before any Court beyond the Jurisdiction, it should be transferred at the Court of appropriate jurisdiction. 

 

222. Control over subordinate courts.

Within Jurisdictional area of one High Court the control over any tribunal, district courts and courts subordinate thereto, including the posting, transfers and promotions of, and grant of leave to, persons belonging to the judicial services shall be vested in such High Court. Any person working as member of judicial services shall have right to appeal before the same High Court, which could not be heard by the Judges, whose impugned administrative order may be subject matter of appeal.

 

223. Salaries. etc., of Judges.

(1)                    The justified salaries, privileges allowances and pension for the Judges working as “district judge” as defined under Article 219 time to time, shall be determined by the respective High Court, on the basis of a method to be evolved by a committee, consisting of one Chief Justice of a High Court, one representative from Central Government, one representative each from first and second largest political party in the country, and one representative from the Bar.

(2)        The proceeding of such committee shall be transparent to public and every citizen shall have   right to represent before it.

(3)             Changing in scale of salaries privileges allowances and pension can’t be revised frequently, at least before five years from earlier change.

(4)        Method adopted under clause (1) shall not be reviewed at least by a gape of twenty years.

 

224. Interpretation.

With the expression “district judge” includes any judge, magistrate or otherwise appointed within one district performing a judicial duty. The Executive Magistrates performing administrative duty shall not includes within the expression “district judge”.

 

225.   Appointment of district registrar of court cases.

All civil litigations and criminal proceedings shall be registered with the “district registrar of court cases”, who shall be appointed from the judicial services, having competency of additional district judge and shall keep records of the court cases in the district, strictly in accordance with the law and civil procedure code, with the help of his sub-ordinates or staff, as may be required.

 

226.    Civil litigation.

Every citizen shall be entitled to sue or defend any person or authority holding any office at the district level, for his rights, titles, interests, claims and disputes, provided he shall come with all true facts, without hiding anything at the first instance and without adopting any delectory tactics.

 

227.      Criminal proceedings.

Every complainant shall have right to interfere through his counsel, in any court proceedings, relating to his complaint, and every accused shall have right to defend charges against him, provided he has recorded his own true statement within the time prescribed by law, relates to the matter in proceeding.  

 

228.      District penal of advocates. 

(1) Before practicing at any High Court, every advocate shall register his name at a district penal of advocates. The district registrar shall issue list of advocates in penal on the 1st day of every year, which will be not revised during the year.

 

229.   Appointment from advocates penal to act as court commissioner.

National Judicial Commission, after considering the recommendations made by the Law Commission of Bharat after inviting suggestions from the people, shall frame rules regarding appointment of advocates from district penal of advocates to act as court commissioner in civil court cases to record witnesses in a open and transparent manner, with record of entire proceedings to be recorded in presence of the both side parties, as per procedures to be laid down under Civil Procedure Code. Refusal to act as court commissioner or violation of any procedures laid down by civil procedure code, by any advocate from penal shall debarred him from further practice in any court in India.

 

230.     Advocates, as court officers at the district level.

Every advocate practice in any court in Bharat, shall behave and act as officer of the court, and adoption of any tactics, tantamount as illegal interference to effect the administration of justice, shall debarred him from further practice in any court in Bharat. A court shall decide a dispute regarding such illegal interference, where such illegal interference may occur and decision of such court shall be made applicable only after approval by superior court of such deciding court. Provided such approval not requires, if Supreme Court makes such decision.

 

 

Jurisdiction

The District Court or Additional District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District. The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. On the criminal side, jurisdiction is exclusively derived from the criminal procedure code. As per this code the maximum sentence a Sessions Judge of district court may award to a convict is capital punishment.

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, Chief Judicial Magistrate Court.

Certain matters on criminal side or civil side cannot be tried by a lesser court than a district court. This gives the District Court original jurisdiction in such matters.

Appeals from the district courts lie to the High Court of the concerned state.