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Under article 11, Parliament may make any provision relating to citizenship notwithstanding anything in article 5 to 10. Thus, by passing ordinary laws, Parliament may, in effect, provide, modify or annul the operation of certain provisions of the Constitution without actually amending them within the meaning of article 368.
In a collective order, on 16 October 2015 the Supreme Court by a majority of 4:1 struck down the NJAC Act, 2014 meant to replace the two-decade old collegium system of appointing judges in the higher judiciary [18] [19] stating that the NJAC was a clear attempt to compromise independence of the judiciary, which went against the Constitution's ...
The judiciary of India (ISO: Bhārata kī Nyāyapālikā) is the system of courts that interpret and apply the law in the Republic of India. The Constitution of India provides concept for a single and unified judiciary in India.
Roger K. Warren writes that if the judiciary and executive are constantly feuding, no government can function well. [7] An extremely independent judiciary would also lack judicial accountability, which is the duty of a public decision-maker to explain and justify a decision and to make amendments where a decision causes injustice or problems ...
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 the criminal or civil sides cannot be tried by a court lower than the district court. The district court thus has original jurisdiction over these cases.
The system of appointment and transfers of Judges higher judiciary, as existing prior to the Constitution (Ninety-ninth Amendment) Act, 2014 (called the "collegium system"), is declared to be operative. The clauses provided in the amendment are inadequate to preserve the primacy of the judiciary, a basic feature of the constitution.
According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. [1]
By a majority opinion of 4:1, on 16 October 2015, Supreme Court struck down the constitutional amendment and the NJAC Act restoring the two-decade-old collegium system of judges appointing judges in higher judiciary. [9] [10] [11] Supreme Court declared that NJAC is interfering with the autonomy of the judiciary by the executive which amounts ...