Page 149 - Constitution

70 Years of Indian

Constitution

The High Courts at the State level have

of conflict of laws and international perspectives or ad- to be constituted as High Court of
hoc judges’ provisions may be provided on the lines of Judicature of the State with their present
international judicial organs. headquarters and High Courts of Civil,
In a similar perspective, High Courts at the State level Criminal, Arbitration and Conciliation may
have to be constituted as High Court of Judicature of the be constituted in other parts of each state.
State with their present headquarters and High Courts
Judge may be appointed to look after the administration
of Civil, Criminal, Arbitration and Conciliation may be
of all the courts in the district with most important cases,
constituted in other parts of each state. The number of
election cases, cases of Human Rights and other
Judges to each High Court of Judicature may be fixed at
aspects may be provided. The District Court of Justice
seven including Chief Justice of the State and other High
and Administration has to have a minimum of five judges
Courts may be fixed at 10 Judges to each court with a
including the Chief District Judge. The retirement of the
Chief Justice for each of them.
Chief District Judge is to be fixed at sixty three years and
The powers and functions may be distributed on the
other District Judges be fixed at 62.
lines of the Supreme Courts proposed above. The
The present Munsif Magistrate courts at Taluka level be
Chief Justice of the State may be empowered the entire
bifurcated and designated as Taluka Civil and Criminal
administrative work of all the courts. The retirement age
courts to deal with respective subject areas with full
of Chief Justice of the State may be fixed at seventy and
independent jurisdiction to each of them. All these judicial
others at sixty-eight. The Proposed High Courts Chief
officers age has to be uniformly fixed at sixty years.
Justice age maybe fixed at sixty-seven and other judges
In order to clear back log of cases that are pending
at sixty-five years. The appeals from the subjective High
more than five years adhoc courts may be constituted at
Courts will lie only to the concerned Supreme Courts
the District and State levels as proposed above subject
without any appeal to the High Courts of Judicature of
wise, the retired judges of the High Courts and Judicial
the State. The above proposals are more comprehensive
officers may be appointed to clear the cases with a time
and provide a befitting robust judicial mechanism as
span of two to three years.
an alternative to the four courts of Appeals proposal as
elucidated by Attorney General Shri K.K. Venugopal. Legal Reforms:
In a similar fashion at District level, the present District
To carry forward legal reforms these changes a High-
and Sessions Court may be reconstituted as District
Level Committee has to be constituted consisting of
Court of Justice and Administration with two District
the CJI, two or three senior most Chief Justices of High
courts of Civil, Criminal, may be established. Senior most
Courts, Attorney General of India, the Union Minister of

70 Years of Indian Constitution 149