Monday, March 10, 2008

Article 6 - The Judiciary

Section 1: The judicial power of the Union shall be vested in one Supreme Court in Bharat, a High Court at each Province and in national capital and in such inferior courts as the law may from time to time ordain and establish. The judges of Supreme Court, High Court and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2: Subject to the provisions of this constitution Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Bharat Sangh and any Province or Provinces on one side and one or more then one Province on the other or between two or more Provinces.
Section 3: An appeal shall lie to the Supreme Court from any judgement, decree or final order of a High Court in the territory of Bharat, whether in a civil, criminal or their proceeding if the High Court certifies that the case involves a substantial question of law as to the interpretation in this constitution, The Union legislature by law confer on Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence. But not withstanding any thing in this Section the Supreme Court may, in its discretion, grant special leave to appeal from any judgement, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of Bharat.
Section 4: The Supreme Court shall have the advisory power in case the executive head seeks it, and the Supreme Court shall have power to make rules for regulating generally the practice and procedure of court subject to law made by union legislature.
Section 5: The judge of the Supreme Court and High Court can be removed from his office as procedure laid down for removal of Executive head and if the Union Upper house find him guilty he shall be treated as been removed but such proceeding should be chaired by the speaker of the house and the same cannot go for referendum.
Section 6: Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercised jurisdiction.
Section 7: The Union legislature may by law extend the jurisdiction of High Court to, or can set up separate High Court for any border area.
Section 8: Law of the Union legislature and Provincial legislature shall regulate all other provisions.
Section 9: The appropriate legislature may by law provide for trial by tribunal of any disputes, complaints or offences.
Section 10: An autonomous body called All Bharat Judicial Commission shall be set up to aid and advise on the matter of appointment and transfer of the judges of the Supreme Court, High Court and other inferior Courts.
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