On Judiciary-Portal

Rule of Law

• Bangladesh Judiciary-Supreme Court of Bangladesh,Appellate Division and the High Court Division - There shall be a Supreme Court for Bangladesh (to be Known as the Supreme Court of Bangladesh) comprising the Appeallate Division and the High Court Division.
• Opinion on the relations between judges and lawyers (CCJE- 2013) - Judges and lawyers have different roles to play in the legal process, but the contribution of both professions is necessary in order to arrive at a fair and efficient solution to all legal processes according to law.
• Regulation on relation between the Government and the Judiciary – Government of the Russian Federation - . In accordance with the Federal Constitutional Law “On the Judicial System of the Russian Federation”, the Government is developing a draft federal law on the federal budget in terms of financial support for the activities of the courts in cooperation with the Chairmen of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Director General of the Judicial Department under the Supreme Court Russian Federation and the Council of Judges of the Russian Federation.
• Memorandum of procedure of appointment of High Court Judges - In case of initial appointment of a Chief Justice of a High Court, the provisions of Article 217 will have to be followed. In the case of Jammu & Kashmir High Court, appointment of Chief Justice shall be made in accordance with section 95 of the Constitution of Jammu & Kashmir. Transfer of Chief Justice from one High Court to another will be governed by the provision of Article 222. Transfer of a Chief Justice to and from Jammu & Kashmir High Court shall be made in accordance with clause (1) of Article 222 of the Constitution of India read with Article 222(1A) of the Constitution (Application to Jammu & Kashmir) Order, 1954.
• Charter of the Council of ASEAN Chief Justices - PREAMBLE WE, the Chief Justices of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam: DESIRING to strengthen democracy, enhance good governance, advance the principles of the […]
• Role of the constitutional judiciary in ensuring the independence of universities – Dr. Ali Hadi Attia Al-Hilali - The independence of universities is defined as: “the freedom of the university to manage its administrative, financial and academic affairs without any interference from any external party, whether the state or the institutions of society
• The judicial Order Of The Vatican City State - The defense of cases before the judicial authority can be assumed by lawyers who are registered in the register held by the chancellor under the supervision of the president of the court, who determines, with his own provisions, the registration in the register and the rates professional.
• Accessing justice is a practical reality-CJI - Releasing the Vision & Mission Statement and the Legal Services mobile Application of NALSA at a hybrid event which was attended by functionaries across the country, the CJI said that, if we want to remain as a society governed by the Rule of Law, it is imperative for us to bridge the gap of accessibility to justice between the highly privileged and the most vulnerable.
• The principles of judicial accountability - We have stated that judges who commit a criminal offence may be subject to an investigation by the Office for Judicial Complaints and may be subject to a disciplinary sanction in accordance with the relevant statutory provisions. Apart from this, however, it is clear that judges are not subject to this ‘sacrificial accountability’.
• Independence of the district judiciary - The functioning of the judiciary as an independent institution is rooted in the concept of separation of powers. Individual judges must be able to adjudicate disputes in accordance with the law, unhindered by any other factors.
• Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21 - Post Conviction Bail Cancelled-Observed: The courts comprised in the district judiciary are the first point of interface with citizens. If the faith of the citizen in the administration of justice has to be preserved, it is to the district judiciary that attention must be focused as well as the 'higher' judiciary.
• Active Judiciary and role of Judges - I have used the word “courts” and not the judiciary for the reason that as a matter of fact, this effort was not of the judicial system but by individual judges, the judges who were knowing that the judiciary has a big role to play with legislature and executive in taking the country to 21st Centur
• Judicial Process-Few Indian Concerns - A series of provisions have been introduced in procedural laws to enable the expeditious disposal of criminal and civil cases. These include, amendment of Section 309, CrPC to discourage unnecessary adjournments; amendment of Section 320, CrPC to rationalise the list of compoundable offences; insertion of a new Chapter XXIA on plea bargaining; insertion of Section 436A for release of undertrial prisoners who have undergone half of the maximum imprisonment; and amendments to Sections 161(3), 164 and 275 of CrPC to allow use of audio / video technology in criminal cases.
• Relations between the executive, the judiciary and Parliament-Report with Evidence-26/07/2007 - Constructive relationships between the three arms of government—the executive, the legislature and the judiciary—are essential to the effective maintenance of the constitution and the rule of law. In recent years, the character of these relationships has changed significantly, both because of changes in governance and because of wider societal change.
• Of Judicature-by Francis Bacon - JUDGES ought to remember, that their office is jus dicere, and not jus dare; to interpret law, and not to make law, or give law. Else will it be like the authority, claimed by the Church of Rome, which under pretext of exposition of Scripture, doth not stick to add and alter; and to pronounce that which they do not find; and by show of antiquity, to introduce novelty.
• There is no mechanism to receive complaints against the judiciary in India - There is lack of basic information to the citizens as where the process of appointment of judge begins, whether a jurist could become judge, if so, where the proposal originates, where the aspirant jurist needs to file his application or how the bring their candidature to the notice collegiums, whether this constitutional provision for appointing judges from jurists will ever be implemented, what is the policy, if any.
• How to file complaint against a Judge in India - GUIDELINES ON GRIEVANCES RECEIVED IN THE DEPARTMENT OF JUSTICE-GOI Department of Justice Department of Justice (DOJ) receives large number of grievances from citizens through online CPGRAMS portal and on e.mail of the officers. DoJ also receives grievances through Presidents Secretariat/Vice Presidents Secretariat/PMO/Department of Administrative Reforms & Public Grievances/other Ministries/Departments & also directly. While majority of the grievances are related to […]
• Judiciary Act of 1789 - One of the first acts of the new Congress was to establish a federal court system in the Judiciary Act of 1789. The Constitution provided that the judicial branch should be composed of one Supreme Court and such inferior courts as Congress from time to time established. But unlike the legislative provisions, in which the framers clearly spelled out the powers of the Congress, Article III of the Constitution is rather vague on just what the judicial powers should be.
• Judiciary of Brazil - Constitution Brazil of 1988 Preambles We, the representatives of the Brazilian People, convened in the National Constituent Assembly to institute a democratic state for the purpose of ensuring the exercise of social and individual rights, liberty, security, well-being, development, equality and justice as supreme values of a fraternal, pluralist and unprejudiced society, based on social harmony and committed, in the […]
• The Judiciary of Austria - Jurisdiction Under 1945 Constitution Austria is a democratic republic. Its law emanates from the people. Austria is a federal state.  It is up to the Constitutional Court to monitor compliance with the constitution. Due to its task as a “constitutional court” and its competence to review laws and ordinances, it is specifically called upon to make the constitutional democratic order […]
• The Judiciary of Zimbabwe - Zimbabwe is a sovereign republic and is known as "the Republic of Zimbabwe." Constitution is the supreme law of Zimbabwe and if any other law is inconsistent with this Constitution that other law is, to the extent of the inconsistency, void.
• The German Judiciary under Basic Law - The Judiciary Basic Law for the Federal Republic of Germany-1949 Art- 92 to 104 The Judiciary Article 92 Court organisation The judicial power shall be vested in the judges; it shall be exercised by the Federal Constitutional Court, by the federal courts provided for in this Basic Law and by the courts of the Länder. Article 93 Jurisdiction of the Federal […]
• Judicial Power under Constitution of the Russian Federation-1993 - Judicial power and prosecutor’s office Section 118 1- Justice in the Russian Federation is administered only by the court. 2- The judiciary is exercised through constitutional, civil, arbitration, administrative and criminal proceedings. 3- The judicial system of the Russian Federation is established by the Constitution of the Russian Federation and federal constitutional law. The judicial system of the Russian Federation […]
• Courts and Administration of Justice – Constitution of South Africa -   Constitution of the Republic of South Africa, 1996   165. Judicial Authority 166. Judicial System 167. Constitutional Court 168. Supreme Court Appeal 169. High Court of South Africa 170. Other Courts 171. Court Procedures 172. Powers of Courts in Constitutional Matters 173. Inherent Power 174. Appointment of Judicial Officers 175. Appointment of acting judges 176. Terms of Office and Remuneration 177. Removal 178. Judicial Service Commission 179. Prosecuting Authority 180. Other Matters Concerning Administrationi of […]
• Judicial Conference and national policy for the federal courts in USA - The Chief Justice of the United States is the presiding officer of the Judicial Conference. Membership is comprised of the chief judge of each judicial circuit, the Chief Judge of the Court of International Trade, and a district judge from each regional judicial circuit.
• Complaints Against Subordinate Judiciary in Kerala - The complaint making allegations against the members of subordinate judiciary shall not be entertained unless it is accompanied by a duly sworn affidavit and variable material to substantiate the allegations made therein.
• Judges Law of the People’s Republic of China-2019 - This law is formulated on the basis of the constitution so as to comprehensively advance the establishment of a high-caliber judicial cadre, to strengthen the management and oversight of judges, to protect judges' lawful rights and interests, to ensure that the people's courts lawfully, independently, and justly exercise the adjudication power; to ensure judges' performance of their duties in accordance with law; and to ensure judicial fairness.
• Law of the Judiciary- Saudi Arabia - The hearings of the case and the hearing at which the judgment is rendered shall be attended by the number of the judges that is legally required. If the required number of judges is not available, other judges shall be assigned to obtain the required quorum for proceeding with the case. Judgment shall be rendered unanimously or by a majority vote. A dissenting judge shall explain his dissent and the reasons therefore in the case record. The majority shall explain its opinion by addressing the dissenter's opinion in the case record.
• Basic Principles on the Independence of the Judiciary: UN Congress Milan 1985 - In accordance with the Universal Declaration of Human Rights, members of the judiciary are like other citizens entitled to freedom of expression, belief, association and assembly; provided, however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.
• Judiciary cannot be immune from criticism - In re : S.Mulgaokar 1978 (3) SCC 339, Court said that judiciary cannot be immune from criticism, but, when that criticism is based on obvious distortion or gross mis-statement and made in a manner which seems designed to lower respect for judiciary and destroy public confidence, it cannot be ignored. When there appears some scheme and a design to bring […]
• BANGLADESH JUDICIARY - CONSTITUTION OF BANGLADESH PART VI     THE JUDICIARY CHAPTER I THE SUPREME COURT Establishment of Supreme Court 94. (1) There shall be a Supreme Court for Bangladesh (to be known as the Supreme Court of Bangladesh) comprising the Appellate Division and the High Court Division. (2) The Supreme Court shall consist of the Chief Justice, to be known as the Chief […]
• Constituent Assembly on Judiciary - Friday, the 25th November, 1949 “The second point I wish to touch upon is the rule of law which I think is a peculiar part of the English legal system. If there is anything which I would like to cling to in the future of this country, it is this rule of law. Professor Dicey in his law of the […]