Tag: Judiciary

Judicial Process-Few India 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.

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.

Judiciary Act of 1789

USA

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 […]