Monthly Archives: July 2015

Functioning of Law and Governance system of India

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AZIM PREMJI UNIVERSITY

School of development

Internship report (18th May – 6th July 2015).

Kharingyo Shimrah MAD14084

Topic: Functioning of Indian judiciary/ (Functioning of Law and Governance system of India).

Introduction:

My internship started from 18th May to 6th July 2015 at Delhi High Court. The main objective to choose Delhi High Court is to learn and understand the functioning of Law and governance system of India, and also the judicial system in Indian democracy. The constitution of the state is the guardian, which guarantees the rights of all citizens equally without bias. The constitution of India has empowers the executive members to administer the state, legislative members to implement Law and judiciary to interpret and protect the law of the land. The constitution of India gives a certain freedom of rights as Fundamental Rights to her citizens which can’t be taken away by the state even in the state emergency. Judiciary is the protector not only of the fundamental rights of the citizens, but also against the human rights violation by the state agencies. The state enjoys the external and internal sovereignty, which can exercise the power through the written constitution. When any nation or any individuals attack to her citizens in against her law of the land, then the state come to rescue them or to stop war against humanity in her territory. The law functions through court. All the disputes in the states bring forth to the court for justice. Hence, it is essential to know the function of the court under the constitution of India.

My report based on training cum practical participation is discussed into week wise scheduled here under:

Week 1

  1. Introduction to the Indian Judiciary
  2. Structure of the Indian Judiciary
  3. Functioning of the courts
  4. Participation cum observation in court.

Week 2

  1. Introduction to criminal jurisprudence.
  2. Police complaints (Lodging of FIR)
  3. Bail procedures.
  4. Trial proceedings.
  5. court orders/judgments/acquittal/conviction.
  6. Participation in case handling as an observer/intern

Week 3

  1. Introduction to civil procedure code.
  2. Complaint case and suit proceedings
  3. Interim stays/injunctions.
  4. Trial proceedings.
  5. Order of the case/judgment.

Week 4

  1. Introduction to writ proceedings.
  2. What is writ?
  3. Type of writs.
  4. Writ petition U/Art.226 before the High Court or U/Art.32 before the Supreme Court. .

Note: we have a holiday from 15 to 16 June, 2015.

Week 5

  1. Special leave petition (SLP) in the Supreme Court
  2. Curative writ.
  3. Presidential review.

Week 6

  1. Literary review on; i. Indian constitution, ii. Charter of the United Nations and Statute of the International Court of Justice.
  2. Legal advisors to the Government. i. Union of India : Attorney General, Solicitor General and Additional Solicitor General’s; ii state governments: Advocate General, Additional Advocate Generals and other standing counsels and public prosecutors.
  3. Right to information and its Act: According to the Right to Information Act 2005, every citizen can seek any information in the government offices; accept defenses and other secret intelligence files.

Body (Contents of the Internship Report): 

I did my intern at Delhi High Court along with three boys and two girls from different universities.  I was working as personal assistant cum interned in the Delhi High court. There is not so much work for intern’s student at Delhi high court but to learn and explore the very nature of the functioning of the Law and order. Most of the time, I can’t participate in the court since I am not a Lawyer. But I took part through observation and analyze the arguments presented by the lawyer in the Court. I was assigned to work and understand the basic needs in the court; like code of conduct, dressing code, memorizing the important Arts, registering FIR, and finding reference, maintaining files in orders, typing down all the cases with the relevant articles, doing photo-copy and so on.

The function of the High Court is to solve the cases for civil, criminal and family. We are mostly engage in the criminal cases, since our field mentor is a criminal specialized.  During our internship we were assigned to read many articles and books related to the law and also help us to understand the Indian judiciary system. From the first week till week six, we were taught about the judicial system and help us to understand its function in a minute ways. After two hours of training a day we started working with them. My job profile was a personal secretary as an internee. Most of my works were finding the references and some typing works, and other works are as under:

  1. Maintaining the office and listening the proceeding of the court and argument.
  2. assisting to taking down note of accuse argument along articles, date.
  3. Assisting them in paper work.
  4. Maintaining the files.
  5. Meeting the clients.
  6. Writing project:

The main content of the internship phase and training two hours in a day: in the first week of the internship, started from 18th May to 23RD May, we work on the followings:

  1. Introduction to the Indian Judiciary: The constitution of India is the supreme legal document of which extends throughout the territory of the country. In a democracy like India, the country is run by the rule of law and law is a system of rule, usually imposed through a state which applied to govern a group of people. Thereby it shapes the politics, economics and society in numerous ways.  The constitution of India and all the laws are apply equally to all the citizens of the country and no one can above the law. Any crime or violation of law has specific punishment as well as a process through which the guilty of the person has to be trail in the court.  In law the judicial system is the set of system of court which administer justice in the name of the state. It is the mechanism of the resolution of deputes and pronouncement of punishment. As the organ of the state, the judicial play an important role in the functioning of Indian’s democracy. One of the most important factors is the independence of judiciary which can give free and fair judgments without political interference.

The judiciary of India is administers a common law system of legal jurisdiction, in which the customs, precedents and legislation were all codify the law of the land.  There are various level of judiciary in India:  different type of court into hierarchical with varying power depending on the tier and jurisdiction bestows upon them, the Supreme Court of India at the top, and High Court in the state level, and District Court/ Magistrate court.  These courts can hear the criminal cases and civil cases, which includes the disputes between individuals and the state. The Indian judiciary is an independent body of the executive and legislative branches of government according to the constitution.

  1. Structure of the Indian Judiciary: The judiciary of India has a single and unified judiciary system. There is no separate judiciary for states; the judiciary of India has three tiers into hierarchical system as, the Supreme Court in the National level, High court in the state level and Subordinate court in the district level.
                          Supreme Court

The apex court in India located in New Delhi
                             High Courts

Highest court in the state and UT level. There are 24 High Court in India.
            District and Session Courts

Generally in every District or Metropolitan Area.
Civil judges
Metropolitan Magistrate

 

 

Supreme Court: The judiciary of India is unified and integrated in order to maintain the supremacy of the constitution, there must be impartial authority to adjudicate on the dispute between the centre and the state/states or between states in a country.

Establishment and the constitution of Supreme Court: there shall be a supreme court of India consisting of a Chief Justice of India and, until parliament by law prescribes a larger number, of not more than seven and 30 other judges.

Qualifications:

a). A person shall not be qualified for appointment as a judge of the Supreme Court unless he is a citizen of India.

b). He/she should have been for at least five years a judge of a High Court or two or more such in secession.

c). He/she should have been practice for at least ten year an advocate of a High Court.

d). He/she can hold office till 65 years of ages.

Importance of Supreme Court:

To maintain the supremacy of the constitution and there must be an impartial and independent authority to decide dispute between centre and state. It is the final interpreter and guardian of the constitution. The Supreme Court is also the guardian of the Fundamental Right of the people. It is the highest and the final interpreter of the general law of the country. And lastly, it is the highest court of appeal in the civil and criminal matter.

Removal of Supreme Court Judges: a judge of Supreme Court shall not removed from his office except by an order of the president passed after an address by each House of parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of that House present and voting has been presented to the president in the same session for such removal on the ground of proved misbehavior of incapacity. The parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of the judge under clause (4).

The jurisdiction of Supreme Court: the constitution of India has confers 5 (five) heads of Jurisdiction to the Supreme Court.

  1. Original Jurisdiction
  2. Writ Jurisdiction

iii. Appellate Jurisdiction

  1. Advisory Jurisdiction
  2. Revisory Jurisdiction

High Court: The High Court is the head of judiciary in a state all over India. Article 214 says that there shall be a high court for each state. The High Court shall be a Court of record and shall have all the power of such a court for each state. And every High Court shall consist of a Chief Justice and such other judges as appointed by the president from time to time (Article 216). High court is the apex court in the state, and all the cases from Subordinate court can come to High Court only if they are not satisfied with the judgments of the lower court.

Appointment of the judges: Every High court consists of chief justice and other judges as appointed by the president from time to time. The constitution, unlike the Supreme Court there is no fix maximum number of judges for a high court. Apart from appointing the judges the President has the power to appoint: 1. Additional judges for a temporary period not exceeding two years, for the clearance of arrears of work in the court. 2. Neither an Additional nor an acting judge can hold office beyond the age of 64 years. 3. The president is to consult the Chief Justice of India, Governor of the state and the chief justice of that high court in the matter of appointment of a judge other than the chief Justice.

Qualifications:  The qualifications required under the constitution for a person to be appointed as judge of high court: a) He must be a citizen of India. b) Must have held a judicial office in the territory of India for at least ten years: or c) must have been an advocate of a High Court or two or more such courts in succession for atleast ten years.

Transfer of a judge from one High Courts to another:

  1. a) A judge of a High Court can be transferred without his consent by the president (Article 222)
  2. b) Consultation with the chief justice of India must be full and effective.
  3. C) The opinion provided by the Chief Justice shall have primary and is binding on the president.

Jurisdiction of the High court:

1) Original Jurisdiction : a) In their judicial capacity, the high court of Presidency towns.( Bombay, Madras, Calcutta) have both original and appellate Jurisdictions, while other High Courts have  mostly Appellate Jurisdiction. b) only in matters of admiralty, Probate matrimonial and contempt of court, they have original jurisdiction.

2) Appellate Jurisdiction: a) Atleast one right of appeal. b) there is no jurisdiction over tribunals established under the laws relating to the armed forces of the country.

3) Writ Jurisdiction. a) Under art.226, the jurisdiction to issue writs under this art, Is larger in the case of High courts when compared to the Supreme Court. B) A High court can issue a writs not only on violation of fundamental rights , but also where an ordinary legal right has been infringe, provided a writ is a proper remedy in such cases, according to well establish principle.

Subordinate Court: most of the districts have their own district court or metropolitan court. In all the cases like criminal cases and civil cases are started from this court a trail court. Family court also included in every district court.

Appointment of District Judges under art.233: Appointment and the posting and promotion of district judges in any state shall be made by the governor of the state in consultation with the High court exercising jurisdiction in relation to such state. A person not already in  the service of the union or of the state shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High court for appointment.

Article 235 control over subordinate courts: The control over district courts and court subordinate thereto including the posting and promotion of, and the grant of leave to person’s belonging to judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High court, but nothing in this article shall be construed as taking away from any such persons any right of appeal which he may have under the regulating the conditions of his service or as authorizing the High court  to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.

  1. Functioning of the courts: the function of the court is to interpret the constitution of the country. The courts solve the problem between individual to individuals or between the individual and the state or state/states between centre governments. The court as a guardian of the constitution protects a rights of the citizen in the state. (state of connection judicial Branch) December 1 2007.  The function of the court is to conduct the trail of the cases in an orderly, fairly and efficient manner, to rule on question of law arising during the trail, and to instruct you as to the law that applies to this case. It is the duty of the citizen to accept the law as state it to you, whether you agree or not.  Judges action the course of the trail, He/she may occasionally ask question of a witness. We do not assume that judges hold any opinion on the matter to which their question may relate. By remembering the fact, which jurors are at liberty to disregard all the comment of the court in arriving at your own finding as to the fact? Yes, the lawyers can find out the fact by doing cross examine in the court.

Judges function in the court as the jury is to determine the fact. Judges are the sole and exclusive judge of the facts, and they alone determine the weight, the effect and the values of evidence, as well as the credibility of the witness. Judges in the court must consider and weight the testimony of all the witnesses who appear before them and they alone were to determine whether to believe any witness and the extent to which any witness should be believed. It is court/judges responsibility to resolve any conflict in testimony that may arise during the course of evaluating the evidence to draw any and all interference that you find reasonable and logical from the evidence.

  1. Participation cum observation in court: I participate in the case handling as a personal assistance cum observer in the court as a interned student.

2nd Week  (25-30) May

  1. Introduction to criminal jurist prudence: the criminal law is the law relating to criminal conduct and it is governed by Indian Penal Court (IPC), CrPC, and Evidence Act etc. Indian criminal Law are mainly divided into three major acts, they are as under:
  2. Indian Penal Court, (1860)
  3. Code of Criminal Procedure, (1973) and

iii. Indian Evidence Act, (1872)

beside these major act, special Criminal Law are also passed by Indian Parliament i.e. NDPS, Prevention of Corruption Act, Food Adulteration Act, Dowry Prevention Act, the defense of India Act, etc. thousands of other minor laws are made in India.

  1. Police complain (Lodging of FIR): If anyone violated your/our rights then you can complain to police in a form of First Information Report (FIR).

Examble:

From
kharingyo shimrah
chirag Delhi, 227 ground floor
9916638692
kharingyo.shimrah14@apu.edu.in

Date.8th July 2015

To,
The SHO
P.S: Chirag Delhi

Respected Sir/Madam,

Sub. : Loss of my original MA Mark sheet, bearing Roll. No. MAD14084.

While I was travelling from Chirag Delhi bus stop to New Delhi Metro station by bus.  I have lost my Original MA mark sheet bearing No. MAD14084 along with my other documents driving License and Pan Card somewhere. I have some idea or chance of loss at an approximate area of New Delhi metro station just before the exit. Sir, to avoid any misuse of my above documents, I seek your help and request you to kindly register my F.I.R in the subject matter.

For your ready reference I enclose herewith
(a) copy of lost address proof.
(b) Copy of as I.D proof.

Hope you will do the needful favorably at the earliest.

Thanks and regards
yours Sincerely

Kharingyo Shimrah

  1. 3. Bail procedures: the criminal Procedure Code 1973 or Cr.P.C. talk about the bail procedure and how it is obtained. Sec 2(a) Cr.C.P. where in it says that bail-able offence means an offence which is shown as bailable in the first Schedule or which is made bailable by any other law for the time being enforce, and non-bailable offence means any other offence. The category of bailable and non-bailable, which is determine by the nature of the crime.

Example 1: all serious offences like offences punishable with imprisonment for three years or more have seen considered as non-bailable offence, and all other offences have been kept bail able offences.

Example 2: when somebody has accused of some crime and arrest to record your statement and take information like the name, residence address, birth place, charge filed against you etc. the police officer may also check back the criminal record if any in the police station and ask for finger prints to files a case against them. The crimes that are bailable and simple, they will be allowed to apply for bail immediately. However, if the crime is a little bit serious and non bailable, then they may wait for 48 hours to claim their right to bail in the court wherein they are given a hearing. Depending upon the fact of the case, the judges decide whether they should get bail or not. Or in situation they are given bail they are asked to deposit money with the court. Generally, in certain smaller crime cases, a stamdard amount is ask to be deposited for awarding the bail.

  1. Trial proceedings: a judicial examination and determination of facts and legal issues arising between parties to a civil or criminal action in the court. The trail is the principal method for solving legal disputes that parties cannot settle by themselves or through less formal method. The main purpose of the trail is to secure fair and impartial administration of justice between the parties in the court. There are two main trails are civil trail and criminal trials. Civil trails resolve civil action whereas, in criminal trial, a person charge with a crime is found guilty or not guilty and sentenced. The state come to rescue to her citizen from any harm and government bring a criminal action on behalf of the citizen to punish an infraction of criminal laws. There are some steps of the trail followed in the court;

Firstly: registering first information report (FIR) AND choosing of a jury.

Secondly: opening statement, each side may outline the proof to be presented to the jury during the trail. Opening statement are not evidence, only expectation of what each side expects the evidence to prove.

Thirdly: presentation of evidence and testimony of the witnesses in the court.

Fourthly: closing arguments, the attorney summarize the evidence and try to persuade the jury to find in favor of their client. The plaintiff has the opportunity to open and close the argument.

Fifth:  presentation of jury instructions.

Sixth: deliberation, when the verdict has been reach, the jurors agreeing to the verdict sign the form and notify the bailiff. The verdict is read by the clerk and the judge is read by the clerk and the judge dismisses the jurors.

Seventh: court order/judgment, final judgment to be read out or announce in the court.

  1. court order/judgments/ Acquittal and conviction: a court or is an official proclamation by a judge that define the legal relationships between the parties to a hearing, a trail, an appeal or other court proceeding. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.
  2. Participation in case handling as an observer/intern; I visited to Noida and wrote a First Information Report (FIR) for my friend at Noida sector 62. Who has been denying to give his salary for two month by his manager. And I was participate in the cases handle by my field mentor at Delhi High Court and the Patiala House Court.

3rd Week  (01-6) June

  1. Introduction to civil procedure code: The code of civil procedure act 1908, civil procedure is a general law and this code doesn’t affect any special or local laws nor does it supersede any special jurisdiction or power conferred. This law is even termed as “adjective law” in the handling of the corporate business. The civil procedure code consolidates and amends the law relating to the procedure of the court of civil jurisdiction. Civil proceeding, civil care and civil cases were handling in this court. There are two type of proceeding, 1. Ordinary proceeding. 2. Summary suit; and the party should receive a notification, and within 10 day should be summoning in the court. And there compoundable and non-compoundable, Cognizable, non-cognizable, summons cases sect 251-258, warrant cases etc.

Structure of the civil courts:- Section 3 of the civil procedure code lays down the structure of the codes in below manner :-

  1. High Court
  2. District Court

iii. Civil court.,

  1. suit/plaint: is in reference to a civil action brough in a court of law in which a plaintiff, a party who claim to have incurred loss as a result of a defendant’s actions, demands a legal or equitable remedy. The defendant is require to repond to the plaintiff’s complain. cause of action, contractual matter, property cases, (plaintiff; defendant),
  2. Interim stay/ injunction: order 39 (immediate action) list of the suit, equity. A writ  order issued by a court ordering someone to do something or prohibiting some act after a court hearing. The procedure is for someone who has been or is in danger of being harmed and need some help or relief or his/her attorney to:
  3. a) Petition for the injunction to protect his/her right.
  4. b) Get an order to show cause from the judge telling the other party to show why the injuction should not be used.
  5. c) Serve or deliver the order to show cause cause on the party whom he/she wishes to have order to act or be restrained.
  6. d) Appear at a scheduled hearing in which both side attempt to convince the judge may issue a temporary injunction which goes into effect upon it being serve to the other party. the final injunction and continuing injunction is called permanent injunction.

Expertise proceeding,

  1. Trial of the case: the trial proceeding is almost all same to criminal trial, the procedure of the trial are as follows;
  2. a) Firstly, reception of plaints and application
  3. b) examination of the plaint.
  4. c) service processes and issues of summons to the defendant.
  5. d) written statement, set off and counterclaim
  6. e) settlement of issues
  7. f) documentary evidence and statement for final hearing
  8. g) hearing of suits, adjournments, examination of witnesses (cross examination) and argument.
  9. h) dismissal in default and ex parte proceedings.
  10. I) speedy disposal of cases.
  11. j) incidental proceeding

, 5.         Order of the case/judgment: decree the suit or decline/dismiss the Execution petition. After all the process reception of application, summon, written statement admission and denial document.  Evidence and cross examination, argument, final hearing, whether guilty or not guilty. And then come to order of the case.

4th Week (8-13) June

  1. Introduction to writ proceedings: arts 32 impose duty on the Supreme Court to enhance the Fundamental Rights. Unser this Article, every individual has a right to move the Supreme Court directly, if there has been any infringement on his Fundamental Rights. So, the Writ Jurisdiction sometimes referred to as the original Jurisdiction of the Supreme Court, but in the strict sense, original jurisdiction relates to the federal character of the constitution.
  2. What is writ? Writ is a form of written command or order in the name of a court or other legal authority to act or abstain from acting, in a particular way.

We need to know the knowledge of the root history of the writ and it important. In origin a writ was a latter, or command, from the king, usually written in Latin and sealed with the great seal. At a very early stage in the English common law, a writ become necessary, in most cases to have case heard in one of the royal court, such as the King’s Bench or common pleas. In common law, writ is a formal written order issued by a body with administrative or jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs and subpoenas are common type of writs but there are many others. So the writs are heard more quickly than appeals, and the appeals. If our writs given in the constitution are violated then we can go directly to High Court and Supreme Court under Arts 32(2) of the Supreme Court.

Example 1: (word usage) the two reinstated officers issued a writ for liberal against the applicant.

Example 2; (wp270/2012) Petitioner Dr. saharrudin Ahmed vs state of Assam.

  1. Type of writs; Art 32 (2) the Supreme Court has been constituted as a protector and the guarantor of fundamental right conferred by part 111. Once a citizen approaches it, the court cannot refuse to entertain petitions seeking enforcement of Fundamental Rights. It is the Supreme Court’s solemn duty to protect the Fundamental Right zealously and vigilantly.
  2. Habeas Corpus: it literally means ‘to have a body’ i.e.., to be produced in person before the court. This kind of writ is issued to protect the personal liberty of an individual against the arbitrary action of both the state and private individuals. The aggrieved person can even claim for compensation against arbitrary state action.
  3. Mandamus: it literal means ‘command’. This kind of writ is issued against a public authority or a public officer and inferior courts for the purpose of enforcing rights only. The objective is to keep the inferior court or the quasi-judicial bodies within the limits of their respective jurisdiction.

# the difference between Mandamus and Prohibition is that while the former can be issued against judicial as well as administration authority, the latter is issued only against the judicial or quasi-judicial authority.

  1. Prohibition: this kind of writ is issued by the higher court to the lower or quasi-judicial bodies (tribunal, etc) when the latter exceed their jurisdiction. The objective is to keep the inferior court or the quasi-judicial bodies within the limits of their respective jurisdiction.

# the different between Mandamus and Prohibition is that while the former can be issued against judicial as well as administrative authority, the latter is issued only against the judicial or quasi-judicial authorities.

  1. Certiorari: it is similar to Prohibition. The only difference is that this writ is issued to quash the order of a lower court or the decision of a tribunal in excess of its jurisdiction, while Prohibition is issued to prevent an inferior court or tribunal to go ahead with the trail of a case in which it has assumed excess jurisdiction. The purpose of this writ is to ensure that the jurisdiction of an inferior court or tribunal is proper exercised and that it does not usurp the jurisdiction it does not possess.
  2. Qua Warranto: it literally means ‘what is your authority’. These kinds of writs are issued to ensure that the person holding a public office is qualified to hold the office.

# No time-limit is prescribed for issuing the writ in the constitution and it has been left to the court to decide on this issues.

  1. Writ petition U/Art.226 before the High Court or U/Art.32 before the Supreme Court when the above writ is violated.

5th Week  (17-27) June

  1. Special leave petition (SLP) in the Supreme Court: Special Leave Petition or SLP can be presented under following circumstances: SLP can be filed against any judgment or decrees or order of any High Court/ tribunal in the territory of India. Or SLP can be filed in case the High Court refuses for appeal to Supreme Court of India.

The constitution of India under Art 136 vests the supreme court of india with a special power to grants special leave, to appeal against any judgment or order or decree in any matter of or cause, passed or made by any court/tribunal in the territory of india. This is special power bestowed upon the supreme court of india which is the apex court of the coutry, to grand leave to appeal against any judgment in case any substaintial constitutional question of law is involved, or gross injustice has been done. SLP hold a prime place in the Indian Judicial system. It provides the aggrieved party a special permission to be heard in Apex court in the appeal against any judgment or order of any court/tribunal in the territory of India.

The Special Leave Petition or SLP can be presented under following circumstances;

  1. SLP can be filled against any judgment or order of any High Court/tribunal court in the territory of India.
  2. SLP can be filed in the case the high court refuses to grand the certificate of fitness of appeal to supreme court of india.

iii. time frame within which SLP can be filed.

  1. SLP can be filed against any judgment of High Court within 90 days from the date of judgment.
  2. SLP can be filed within 60 days against the order refusing to grand the certifivate of fitness for appeal to supreme court.

Example: Kunhayammed vs State of Kerela (2000) 245 ITR 360 (SC).

  1. Curative petition: the concept of Curative Petition was evoled by the supreme court of india in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002). Where the question was whether an aggrieved person is entitled to any relief against the final judgment/order of the supreme court, after dismissal of a review petition. The supreme court in the said case held that in order to prevent abuse of it process and to cure gross miscarriage justice, it may reconsider its judgment in exercise of its inherent power. For this purpose, the court has advised what has been termed as a curative petition. In Curative petition, the petitioner is required to avar specifically that the grounds mention therein has been taken in the review petition filed earlier and that it was dismissed by circulation. Thereby, this has to be certified by a senior advocate. The curative petition is then circulated to the three senior most judges who delivered the impugned judgment, if available. No times limit is given for filling curative petition.
  1. Presidential review: the president of India is the formal head of the executive, legislature and judiciary of india and is the commander in chief of Indian Arm forces. The constitution of india conferred upen the executive the power to legislative not of course intending that the said power should be used recklessly or by imagining a state of affair to exist when, in fact it did not exist; nor indeed, intending that it should be used mala fide in order to prevent the people’s elected representative from passing or rejecting a bill after a free and open discussion which is the essence of [a] democratic process. Chief Justice Y.V. Chandrachud, in A.K. Roy v. union of India AIR 1982 SC 710 at para 16.

The constitution has empower to the president to grand pardon, a pardon is an act of grace, proceeding from the power entrusted with the executive of laws, which exempts the individual on whom it is besdowed from the punishment the law inflict for a crime ha has committed. A pardon reaches both the punishment prescribe for the offence and the guilt of the offender; and when the pardon is not granted by the president then the culprit should sentence to life imprisonment or death sentence. Thereby, the president review is the final form of review in the country; the present decision is the final in the court in matter of death or life imprisonment.

6th Week  (29th June-4t h July)

 

  1. Literary review on;
  2. Indian constitution;
  3. Charter of the United Nations and Statute of the International Court of Justice;

I read Indian constitution and Charter of united Nation and Statute of the International Court of Justice and some sort of discussion cum presentation in order to understand in a better ways. We/I study the interrelationship between the India Judiciary and International Criminal Court of Justice. Both of them are solving the cases but International Criminal Court of Justice were mainly between the countries or the crime committed by foreign nationality or sometime, if any person or a leaders committed genocide in the state were trial in the international Criminal Court of Justice. The central ideas of United Nation are to maintain peace and stability of the entire world. They have a serious concern about Security Council toward peaceful co-existence, to elevate poverty, to control climate change, and sustainable development.

  1. Legal advisors to the Government. i. Union of India: Attorney General, Solicitor General and Additional Solicitor General’s ii state governments: Advocate General, Additional Advocate Generals and other standing counsels and public prosecutors.
  2. Right to information Act, 2005:   Right to information Act- is a subject to the provision of this Act, all citizens shall have right to information. An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a central information commission and state Information Commission and for matters connected therewith or incidental thereto. [15th June 2005]. Section 6, in a sense, is wider in its ambit than section 3. Even though under sec 3 rights of all citizens, to receive information, is statutorily recognized but section 6 give the said right to any person. Therefore, section, section 6, in a sense, is wider in its ambit than section 3: chief Information v State of Manipur AIR 2012 S.C. 864.

The RTI is an Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

Bring information to the citizens: Right to Information Act 2005 mandates timely response to citizen requests for government information.  It is an initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a– RTI Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities, PIOs etc. amongst others, besides access to RTI related information / disclosures published on the web by various Public Authorities under the government of India as well as the State Governments

Objective of the Right to Information Act: The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. The Act is a big step towards making the citizens informed about the activities of the Government.

How to file RTI Form Application: First of all know “What is RTI (Right To Information) “? RTI – It is an Act passed by the Indian Parliament in year 2005 under which any Indian Citizen has got right to obtain information from any public authority /Organization about their functioning, administration, Recruitment etc the Right to Information Act or RTI is an act that practically supports and enables citizens to claim their right to information which is guaranteed by the constitution of India. As an applicant, you should know that there is no particular format required. Your application can even be on simple plain paper. Applicants however need to ensure that their contact details including name and correspondence address appear on the application. Reasonable assistance can be expected from the CPIO if you decide to give your application in writing.  Here is the step by step systematic procedure to file RTI application correctly to get Information:

  1. First you need to get the Information about the concerned public authority who is known as PIO (Public Information Officer), every organization has a PIO and their address can be found on their website. If you do not get details of PIO at their website or PORTAL just visit the nearest office of the relevant organization or public authority and get the address of PIO.
  2. Write an application starting with “Request for Information underRight To Information (RTI) Act, 2005”. Mention your query point wise.
  3. There is a nominal fee of Rs 10 for filing RTI which can be through Postal Order/ CRF or by Bank Draft. It should be in favor of Accounts Officer of particular organization. For example, if RTI for SBI Bank, it should be Accounts Officer, SBI payable at location of concerned department of PIO.
  4. You may send it by any mean like post, speed post and online etc. but not by courier.
  5. You must sign the application form.
  6. Finally Acknowledgement: All RTI applications have to be answered in 30 days by respected PIO or Organization. One needs to preserve the application number and date of filing or photocopies for future reference.

Information sought under the RTI 2005 will be supplied within a time period of 30 days. However it has been stated in the RTI Act 2005 guide that if the information ‘concerns the life and liberty of a person’, it will be supplied in 48 hours. Here are the details of various time limits for receiving information for your RTI application.

Reflection and analysis:

The expectation of internship is very high, and most of my expectations have been fulfilled. I have learned many new things relating to legal issues and functioning of the court in Delhi High Court. Most of the time, I focus on my works and with a good spirit of discipline and interest on learning a new thing with the law expertise those who are working with me. There was a competition among the students those who interned in the Delhi High Court and in other High court, make me to work harder. I always maintain my time and never miss what I have supposed to do. Every work I was assigned by the Advocate I try to apply what I have learned in the university to most of the work in my internship. I have learned many new things and I have a great time with the students and our field mentor Mr. R.A. Worso Zimik, Advocate Delhi High Court.

I used some theoretical and methodical knowledge of my studies during the intern at Delhi High Court in Judicial activism and Rule of law. I applied research methodology, data collection, secondary and primary sources of data when I do some research on some topic. I used interview method and questionnaire method in my field visit.  Most of the time, we spent our time in the champer and the library to enhance our knowledge to understand better on the functioning of law and governance system in India. I read many books and the constitution of India in my internship and I discuss with my friends and with advocate Mr. Khuma, who is a legal expert practicing as a junior with Mr. Worso Zimik.

I can classify the internship- analyzed and reflected on the basis of the knowledge acquired during my study in the court. We have some knowledge about the constitution of India and some legal knowledge before the internship at Delhi High Court. However, theoretically, we have been aware of some ideas but in reality this internship is the first time to give me an opportunity to experience through participation, which is very good for my future career. Delhi High Court is one of the best and the most prestigious High Court in India. And they have good number of Lawyers and a strong Delhi Bar Association. The number of the cases handle in a court are very high, which give me an ideas that, there are many crime committed in Indian society. In a state like New Delhi, where they are many educated citizens residing in National Territory Region but the social problem are very high; especially divorce rate are increasing and there is increase in domestic violence  registering in the Family court.

I come to know through my experience that the Indian judiciary system was very slow. Because there are very less number of judges when compared to the cases register in the court. The judges used to listened atleat 14 to 18 cases in a day but they are more than 20 cases in a day. And some cases have got many pages and long presentation which take around 20 to 30 minute. These problems are the reasons that the cases were extending day after day or month after month or year after year. The judges can listen or handle more cases in a day when there is increased in the numbers of the judges in every court.  However there are many cases of the politicians and celebrities and others were pending at every court, which indicate that there is lack of Indian judiciary system. And there I find that there was political interference in the Indian judiciary directly or indirectly by the politicians/state.

Constructive criticism to Delhi High court: most of the cases registered in the court were not handle in a proper way by the concern authorities; which include police forces, bureaucrats, intelligences department and even the judges.

Police forces: When the First Information Report (FIR) are registered, then police should investigate as soon as possible and try their level best to arrest the culprit, however the police can’t carry out their duties on time.  When the citizen A was attacks by citizen B in against the right of the citizen B than police use to arrest the culprit citizen B but the police release citizen B when he/she gave some money to them. And lastly, there were some situation that the Public Proprietor/state speaks for the right of citizen A in against to citizen B but the public Proprietor salience in court, who can’t stand for the right of the citizen A, which is totally acceptable.

Judges: there are some judges who are not coming on time, which look very irresponsive and mockery to Indian judiciary system. There should be more number of judges in the every court in order to take immediate and speedy action to be taken. The high ranking judges should be elected by the member judges but not to be directly appointed in order to avoid political interference. The judges need to have personal bodyguard cum driver for safety and security, and let them give the right judgment based on the law of the land without any external or internal treat to them. And lastly, those who have cases in the courts can find their own lawyers and finish all the necessary documentation between the lawyers, and then just submitted to the judges in the court, so that both the parties can save time and change the process of the court toward speedy justice. This will be very good to change in the judicial system from the Public sides in order to save the time. Delhi High Court and other district court need to improve infrastructure and renovation should be done time to time.

There is a different between the book knowledge and the practical experience in the court in ways; when I enter to the court for the first time, I just remember the picture in the course and the movies which have in the court room, but slowly I remember some theories of “rule of the law” “contrast theory” and some other bookish knowledge relating to laws. I know some knowledge in theory but it was somehow hard for to apply in the practical field, since there is no chance to apply and not all knowledge is require on it.  However, using common-sense and self confident are very important in the field.  In the court, they used specific Article or section based on the cases they handle. Anyway, I try very hard to apply my class learning in practical field in every possible way. I have been confronted with challenges many times; I have financial problem during my internship, and I have face many difficulties to work in the Delhi High Court as an internees who are neither a lawyers nor a law student. However, I have developed myself in many ways that knowing the law of the land is very important to work in the society. Thereby, I try to put the internship place and my internship working experiences of the contents of the Master Program then, I find that both the places are learning place for me. However the there is a time to convert our education into the product, and that is the right time to practice it. I thank to the university to me this chance to explore more knowledge through working in the organization. After the internship from the Delhi High Court which motivated me to study Human Right (Human Right Activist) or LLB/LLM and anti-corruption activist cum politician as my future profession. The most important, and benefits from the internship at Delhi High Court- as regards knowledge, abilities, experiences, attitudes, aspects, contacts, orientations is that to know myself by understanding the present society. I have learned some legal knowledge and gain self confident, and I have exposure to meet many lawyers.

Experiences: I have got many experiences regarding the law and it function through court. This internship gives me an immense opportunity to know how the court functions. It was my first time entering into courtroom with my internees and our field mentors, and I have learned many basic needs in our day to day life in our society. Now I come to know that everything there is laws which govern everything, even a small thing in under the sun. I have learned most of the basic thing relating to the law and I will be happy to help other when anyone need my help; like, when/how to registers police complain, what is a trial and how its process follows, what is writ and its type, and how to register/sue a case. By knowing this basic concept of law which opens my eyes to know the important of Fundamental Right of the citizens in the constitution and the important of Rule of Law, where the laws rule/governed the state but might is right.

Right to Information Act (RTI) is one of the most important and interesting toward transparency and anti-corruption tools for the citizens. And now we can get information from any government offices through the legal rights. I have used the RTI once and I will use it in an appropriate way in my future for promoting transparency and anti-corruption in the governing of the state.

Conclusion: I start my internship on 18th May and successfully completed on 6th July 2015 at the Delhi High Court. I was totally new in the court and everything in the court seem new to me in the first place. The main purposed to choose Delhi High Court for my internship is to know the functioning of law and governance system of India. I am interested in the law where I don’t have chance to study law, but I will try to take some courses on law in the near future. It was very knowledgeable to work with the legal expert as my field mentor who can clarify my doubts and enlighten me in many ways. Delhi High Court is one of the best places for internship to those who are interested in the law or Human Rights as their career. My interns starts from the beginning of Introduction to the Indian Judiciary,        Structure of the Indian Judiciary, and Functioning of the courts, Participation cum observation in court with the advocate.

 

Introduction to criminal jurisprudence is very important to understand criminal cases. In criminal cases the first step is to file Police complaints (Lodging of FIR) if any anything happens which is against the law of the land. The police can arrest and bring them to the court, after the bail procedures taken placed, the culprits are being trial in the trail proceedings period and the court orders will come based on the evidence of the crime. The culprit will sent to jail according to the orders of the Court, if he/she is found guilty or to free them if there is no crime of the defendants. So in this regards, it is very interesting to know the facts of Courts procedure while handling the case. Participating in case handling gave me more information to enriched my knowledge.

Civil procedure code handles the civil cases. Following some steps given as under:

  1. Any dispute between two or more parties.
  2. Complaint case and suit proceedings.
  3. Interim stays/injunctions.
  4. Trial proceedings.
  5. Order of the case/judgment.

Introduction to writ proceedings, which is mainly talks about the rights of the citizen’s under its procedure. If there is any violation of our writ then we can file writ petition U/Art.226 before the High Court or U/Art.32 before the Supreme Court. There is Special leave petition (SLP) in the Supreme Court can submitted or Presidential review in the Indian judiciary which gives a right to the citizen to appeal the president for last judgment.

We were assigned to discuss and literary review cum group discussion on;

  1. Indian constitution and
  2. Charter of the United Nations and Statute of the International Court of Justice.

We also discuss who the Legal advisors to the Government are. i. Union of India: Attorney General, Solicitor General and Additional Solicitor General’s; ii state governments: Advocate General, Additional Advocate Generals and other standing councils and public prosecutors. Right to Information Act 2005 is very important for everyone because according to the Act every citizen can seek any information in the government offices; except defenses and some government secret documents. This Act can improve the governing system of our nation by reducing the corruption in the office and by implementing the strong anti-corruption law in the parliament. Transparency and efficiency in a government are essential to have a good governance system in a democracy.

References:

  1. http://www.caclubindia.com/forum/the-code-of-civil-procedure-cpc–176822.asp.
  2. http://delhihighcourt.nic.in/writereaddata/upload/courtrules/courtrulefile_7vp2yezq.pdf
  3. The Code of Criminal Procedure, Published by Professional Book Publisher. www. Bareactsonline.com (2015 BARE ACT)
  4. Code of civil procedure (1908 ) BARE Act 2011.
  5. Jajo Mathew and Manish K Gautam (2012) Indian Polity and Constitution
  6. The Right to Information Act 2005, Published by Professional Book Publisher.
  7. Dr. D. D. Basu – introduction to the constitution of India, 29th Edition.
  8. The Constitution of India, publish by Lexis Nexis/