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8/13/2019 Indian Judiciary and Fast Track Courts (1)
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8/13/2019 Indian Judiciary and Fast Track Courts (1)
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Atif Imam
Byreddy Nikhil Reddy
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Indian Judicial System
The three-tiered system of Indianjudiciary comprises of Supreme Court.
High Courts standing at the head of statejudicial system.
District and Sessions courts in the judicialdistricts into which the states aredivided.
The lower rung of the system thencomprises of courts of civil & criminaljurisdiction.
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The Supreme Court
Highest judicial forum and final court of appeal.
The Supreme court has the power of Constitutional review. Established : 28 January 1950
Location :New Delhi
Decisions are appealed to President of India for Clemency/Commu
of sentence
Judge term length : 65 years of age
Number of positions : 31 (30+1)
Judges at the time of inauguration : Chief Justice Harilal J. KanJustice Saiyid Fazl Ali
Justice M. Patanjali Sastri
Justice S. R. Das
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The Supreme Court
The proceedings of the Supreme Court are conducted in
English only.
Judges of Supreme Court used to be appointed by
the President of India.
The Registry of the Supreme Court is headed by the Registra
General.
Three types of Advocates: SENIOR ADVOCATES, ADVOCATES-ON-RECORD& OTHER ADVOCATES.
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The High Courts
Supreme judicial authority at the State level.
There are currently 24 High Courts in India. The High Courts are generally the last court of regular
appeal.
High Courts can be approached for enforcement of otherrights.
It has the power to supervise the subordinate courts fallingwithin its territorial jurisdiction.
The High Courts are Courts of Record.
The High Courts also exercises original jurisdiction under theCompanies Act.
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The Subordinate Courts
They are under the administrative control of the High Court
of the State.
Their jurisdiction is confined to the districts they areresponsible for.
The Subordinate Courts are:
1. District Courts
2. Sessions Court The decisions of the District Courts are of course subject to
the appellate jurisdiction of the High Courts.
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NEED FOR FAST TRACK COURTS
Aimed at clearing the massive backlog in court cases. Expected to substantially reduce the number of undertrials
in jails.
Speedy trial as a fundamental right.
Rely on improved Case Management Systems and Court
business processes. A demonstration of the judiciarys commitment to end
sexual and gender based violence.
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Advantages of Fast Track Court
Alleviation of the general or ordinary caseload
burden/decongestion of ordinary courts.
Promotes specialization and professionalization.
Enhances Judicial efficiency and effectiveness.
High case disposal rate, expeditious trials and appeals.
Assures consistency and predictability.
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Disadvantages of Fast Track Courts
Lead to Judicial isolation.
Fast-track courts doesnt do full justice in manycases.
Narrow subject matter and lowers professional
stature of Judges
Offers non comprehensive remedy.
Exhorbitant and high costs.
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