BAR COUNCIL OF INDIA
The Bar Council of India constituted under the Advocates Act 1961. It lays down the standards of professional conduct and etiquette and also standards of legal education. The State Bar Councils does enrolment of advocates and enforcement of discipline is part of the obligations of the State Bar Council and the Bar Council of India exercises appellate jurisdiction. The Bar Council of India is a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and may by the name by which it is known sue and be sued.
Functions of Bar Council of India
The Bar Council of India performs following functions:
a) to lay down standards of professional conduct and etiquette for advocates;
b) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council;
c) to safeguard the rights, privileges and interest of advocates;
d) to promote and support law reform;
e) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;
f) to exercise general supervision and control over State Bar Councils;
g) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;
h) to recognize Universities whose degree in law shall be a qualification for enrolment as an
i) advocate and for that purpose to visit and inspect Universities or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may given be in this behalf;
j) to conduct seminars and organize talks on legal topics by eminent jurists and publish journals and papers of legal interest;
k) to organize legal aid to the poor in the prescribed manner;
l) to recognize on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act;
m) to manage and invest the funds of the Bar Council;
n) to provide for the election of its members;
Composition of the Bar Council of India
The Bar Council of India consists of 18 Members. Out of the 18 Members, the Attorney General of India and the Solicitor General of India are Ex-officio Members. The other 16 Members represent the 16 State Bar Councils in the country. The Members are elected for a period of five years and the Bar Council of India elects its own Chairman and Vice-Chairman for a period of two years from among the Members of the Bar Council of India.
Sunday, February 28, 2010
Chapter: 2.6.1 Composition of Central Council for Indian Medicine
Composition of Central Council of Indian Medicine
Central Council of Indian Medicine consists of the following members, namely:
a) Such number of members not exceeding five as may be determined by the Central Government in accordance with the provisions of the First Schedule for each of the Ayurveda, Siddha and Unani systems of medicine from each State in which a State Register of Indian Medicine is maintained, to be elected from amongst themselves by persons enrolled on that Register as practitioners of Ayurveda, Siddha and Unani, as the case may be;
b) One member for each of the Ayurveda, 5iddha and Unani systems of medicine from each University to be elected from amongst themselves by the members of the Faculty or Department (by whatever name Hi-' of the respective system of medicine of that University;
c) Such number of members, not exceeding thirty per cent of the total number of members elected under clauses (a) and (b), as may be nominated by the Central Government, from amongst persons having special knowledge or practical experience in respect of Indian medicine: Provided that until members are elected under clause (a) or clause (b) in accordance with the provisions of this Act and the rules made thereunder, the Central Government shall nominate such number of members, being persons qualified to be chosen as such under the said clause (a) or clause (b), as the case may be, as that Government thinks fit; and references to elected members in this Act shall be construed including references to members so nominated.
The President of the Central Council shall be elected by the members of the Central Council from amongst themselves in such manner as may be prescribed.
There shall be a Vice-President for each of the Ayurveda, Siddha and Unani systems of medicine who shall be elected from amongst themselves by members representing that system of medicine.
Central Council of Indian Medicine consists of the following members, namely:
a) Such number of members not exceeding five as may be determined by the Central Government in accordance with the provisions of the First Schedule for each of the Ayurveda, Siddha and Unani systems of medicine from each State in which a State Register of Indian Medicine is maintained, to be elected from amongst themselves by persons enrolled on that Register as practitioners of Ayurveda, Siddha and Unani, as the case may be;
b) One member for each of the Ayurveda, 5iddha and Unani systems of medicine from each University to be elected from amongst themselves by the members of the Faculty or Department (by whatever name Hi-' of the respective system of medicine of that University;
c) Such number of members, not exceeding thirty per cent of the total number of members elected under clauses (a) and (b), as may be nominated by the Central Government, from amongst persons having special knowledge or practical experience in respect of Indian medicine: Provided that until members are elected under clause (a) or clause (b) in accordance with the provisions of this Act and the rules made thereunder, the Central Government shall nominate such number of members, being persons qualified to be chosen as such under the said clause (a) or clause (b), as the case may be, as that Government thinks fit; and references to elected members in this Act shall be construed including references to members so nominated.
The President of the Central Council shall be elected by the members of the Central Council from amongst themselves in such manner as may be prescribed.
There shall be a Vice-President for each of the Ayurveda, Siddha and Unani systems of medicine who shall be elected from amongst themselves by members representing that system of medicine.
Chapter: 2.6 Central Council for Indian Medicine (CCIM)
Central Council for Indian Medicine (CCIM)
The Central Council of Indian Medicine is the statutory body constituted under the Indian Medicine Central Council Act, 1970 vide gazette notification extraordinary part (ii) section 3(ii) dated 10.8.1971. The Central Council was reconstituted in 1984 & 1995.
Objects of the Council
The main object of the Central Council are as under
• To prescribe minimum standards of education in Indian Systems of Medicine viz. Ayurved, Siddha, Unani Tibb.
• To advise Central Government in matters relating to recognition (inclusion/withdrawal) of medical qualification in/from second schedule to Indian Medicine Council Act, 1970.
• To maintain a Central Register on Indian Medicine and revise the register from time to time.
• To prescribe Standards of Professional Conduct, Etiquette and Code of Ethics to be observed by the practitioners.
Additionally, the Council is also responsible to prescribes Standards of Professional Conduct, Etiquette and Code of Ethics to be observed by the practitioners. The Council is empowered to appoint medical inspectors to observe the conduct of examinations, and visitors to inspect facilities in colleges, hospitals and other institution in Indian medicine.
The Council is also responsible to frame regulations with respect to:
• the courses and period of study, including practical training to be undertaken, the subject of examinations, and the standards of proficiency therein to be obtained in any university, board or medical institution- for grant of recognized medical qualifications;
• the standard of staff, equipment, accommodation, training and other facilities for education in Indian medicine; and
• the conduct of professional examinations
The Central Council of Indian Medicine is the statutory body constituted under the Indian Medicine Central Council Act, 1970 vide gazette notification extraordinary part (ii) section 3(ii) dated 10.8.1971. The Central Council was reconstituted in 1984 & 1995.
Objects of the Council
The main object of the Central Council are as under
• To prescribe minimum standards of education in Indian Systems of Medicine viz. Ayurved, Siddha, Unani Tibb.
• To advise Central Government in matters relating to recognition (inclusion/withdrawal) of medical qualification in/from second schedule to Indian Medicine Council Act, 1970.
• To maintain a Central Register on Indian Medicine and revise the register from time to time.
• To prescribe Standards of Professional Conduct, Etiquette and Code of Ethics to be observed by the practitioners.
Additionally, the Council is also responsible to prescribes Standards of Professional Conduct, Etiquette and Code of Ethics to be observed by the practitioners. The Council is empowered to appoint medical inspectors to observe the conduct of examinations, and visitors to inspect facilities in colleges, hospitals and other institution in Indian medicine.
The Council is also responsible to frame regulations with respect to:
• the courses and period of study, including practical training to be undertaken, the subject of examinations, and the standards of proficiency therein to be obtained in any university, board or medical institution- for grant of recognized medical qualifications;
• the standard of staff, equipment, accommodation, training and other facilities for education in Indian medicine; and
• the conduct of professional examinations
Chapter: 2.5.1 Composition of Central Council of Homeopathy
Composition of Central Council of Homeopathy
Central Council of Homeopathy consists of the following members, namely:
a) Such number of members not 'exceeding five as may be determined by the Central Government in accordance with the provisions of the First Schedule from each State in which a State Register of Homoeopathy is maintained, to be elected from amongst themselves by persons enrolled' on that register as practitioners of Homoeopathy;
b) One member from each University to be elected from amongst themselves by the members of the Faculty or Department (by whatever name called) of Homeopathy of that University.
c) Such number of members, not exceeding forty percent of the total number of members 'elected under clause fat and ebb, as may be nominated by the Central Government from amongst persons having special knowledge or practical experience in respect of Homeopathy or other related disciplines.
Central Council of Homeopathy consists of the following members, namely:
a) Such number of members not 'exceeding five as may be determined by the Central Government in accordance with the provisions of the First Schedule from each State in which a State Register of Homoeopathy is maintained, to be elected from amongst themselves by persons enrolled' on that register as practitioners of Homoeopathy;
b) One member from each University to be elected from amongst themselves by the members of the Faculty or Department (by whatever name called) of Homeopathy of that University.
c) Such number of members, not exceeding forty percent of the total number of members 'elected under clause fat and ebb, as may be nominated by the Central Government from amongst persons having special knowledge or practical experience in respect of Homeopathy or other related disciplines.
Chapter: 2.5 Central Council of Homeopathy (CCH)
Central Council of Homeopathy (CCH)
The Central Council of Homoeopathy is constituted by the Central Government under section 3(1) of the Homoeopathy Central Council Act, 1973 of parliament.
Function and Objectives of the Council
The main function of the Central Council of Homoeopathy is to evolve uniform standards of education in Homoeopathy and the registration of practitioners of Homoeopathy. The registration of practitioners on the Central Register of Homoeopathy will ensure that medicine is not practiced by those who are not qualified in this system and those who practice, observe a code of ethics in the profession.
The Council prescribes and recognizes all homeopathic medicine qualifications. Any university or medical institutions that desires to grant a medical qualification in homeopathy is required to apply to the Council. The Council is responsible for constitution and maintenance of a Central Register of Homoeopathy and for matters connected therewith. All universities and Board of medical institutions in India are required to furnish all information regarding courses of study and examination. The Council is empowered to appoint inspectors at examinations and visitors to examine facilities.
The Central Council of Homoeopathy is constituted by the Central Government under section 3(1) of the Homoeopathy Central Council Act, 1973 of parliament.
Function and Objectives of the Council
The main function of the Central Council of Homoeopathy is to evolve uniform standards of education in Homoeopathy and the registration of practitioners of Homoeopathy. The registration of practitioners on the Central Register of Homoeopathy will ensure that medicine is not practiced by those who are not qualified in this system and those who practice, observe a code of ethics in the profession.
The Council prescribes and recognizes all homeopathic medicine qualifications. Any university or medical institutions that desires to grant a medical qualification in homeopathy is required to apply to the Council. The Council is responsible for constitution and maintenance of a Central Register of Homoeopathy and for matters connected therewith. All universities and Board of medical institutions in India are required to furnish all information regarding courses of study and examination. The Council is empowered to appoint inspectors at examinations and visitors to examine facilities.
Chapter: 2.4.1. Composition of Indian Nursing Council
Composition of Indian Nursing Council
Indian Nursing Council consists of the following members, namely:
a) One nurse enrolled in a state register elected by each State Council;
b) Two members elected from among themselves by the heads of institutions recognized by the Council for the purpose of this clause in which training is given for obtaining a University degree in Nursing; or in respect of a post-certificate course in teaching of nursing and in nursing administration;
c) One member elected from among themselves by the heads of institutions in which health visitors are trained;
d) One member elected by the Medical Council of India.
e) One member elected by the Central Council of the Indian Medical Association.
f) One member elected by the Council of the Trained Nurses Association of India.
g) One midwife or auxiliary nurse-midwife enrolled in a State Register, elected by each of the State Councils in the four groups of State mentioned below, each group of States being taken in rotation in the following order namely 1] Kerala, Madhya Pradesh, Uttar Pradesh and Haryana 23 Andhra Pradesh, Bihar, Maharashtra and Rajasthan 3] Karnataka, Punjab and West Bengal 4] Assam, Gujarat, Tamil Nadu and Orissa;
h) The Director General of Health Services, ex-officio;
i) The Chief Principal Matron, Medical Directorate, Army Headquarters, ex-officio;
j)The Chief Nursing Superintendent^f Office of the Director General of Health Services, ex-officio;
k)The Director of Maternity and Child Welfare, Indian Red Cross Society, ex-officio;
l)The Chief Administrative Medical Officer (by whatever name called) of each State other than a Union Territory, ex-officio;
m)The Superintendent of Nursing Services (by whatever name called) exofficio from each of the States in the two groups mentioned below, each group of States being taken in rotation in the following order, namely: 1] Andhra Pradesh, Assam, Maharashtra, Madhya Pradesh, Tami Nadu, Uttar Pradesh, West Bengal and Haryana 2] Bihar, Gujarat, Kerala, Karnataka, Orissa, Punjab & Rajasthan
n)Four members nominated by the Central Government, of whom at least two shall be nurses, midwives or health visitors enrolled in a State register and one shall be an experienced educationalist;
o)Three members elected by Parliament, two by the House of the People from among its members and the other by the Council of States from among its members.
Indian Nursing Council consists of the following members, namely:
a) One nurse enrolled in a state register elected by each State Council;
b) Two members elected from among themselves by the heads of institutions recognized by the Council for the purpose of this clause in which training is given for obtaining a University degree in Nursing; or in respect of a post-certificate course in teaching of nursing and in nursing administration;
c) One member elected from among themselves by the heads of institutions in which health visitors are trained;
d) One member elected by the Medical Council of India.
e) One member elected by the Central Council of the Indian Medical Association.
f) One member elected by the Council of the Trained Nurses Association of India.
g) One midwife or auxiliary nurse-midwife enrolled in a State Register, elected by each of the State Councils in the four groups of State mentioned below, each group of States being taken in rotation in the following order namely 1] Kerala, Madhya Pradesh, Uttar Pradesh and Haryana 23 Andhra Pradesh, Bihar, Maharashtra and Rajasthan 3] Karnataka, Punjab and West Bengal 4] Assam, Gujarat, Tamil Nadu and Orissa;
h) The Director General of Health Services, ex-officio;
i) The Chief Principal Matron, Medical Directorate, Army Headquarters, ex-officio;
j)The Chief Nursing Superintendent^f Office of the Director General of Health Services, ex-officio;
k)The Director of Maternity and Child Welfare, Indian Red Cross Society, ex-officio;
l)The Chief Administrative Medical Officer (by whatever name called) of each State other than a Union Territory, ex-officio;
m)The Superintendent of Nursing Services (by whatever name called) exofficio from each of the States in the two groups mentioned below, each group of States being taken in rotation in the following order, namely: 1] Andhra Pradesh, Assam, Maharashtra, Madhya Pradesh, Tami Nadu, Uttar Pradesh, West Bengal and Haryana 2] Bihar, Gujarat, Kerala, Karnataka, Orissa, Punjab & Rajasthan
n)Four members nominated by the Central Government, of whom at least two shall be nurses, midwives or health visitors enrolled in a State register and one shall be an experienced educationalist;
o)Three members elected by Parliament, two by the House of the People from among its members and the other by the Council of States from among its members.
Chapter: 2.4 Indian Nursing Council
Indian Nursing Council
The Indian Nursing Council is an Autonomous Body under the Government of India, Ministry of Health & Family Welfare was constituted by the Central Government under section 3(1) of the Indian Nursing Council Act, 1947 of parliament in order to establish a uniform standard of training for nurses, midwives and health visitors.
The function and objectives of the Council are as follows.
• To establish and monitor a uniform standard of nursing education for nurses midwife, Auxiliary Nurse-Midwives and health visitors by doing inspection of the institutions.
• To recognize the qualifications under section 10(2)(4) of the Indian Nursing Council Act, 1947 for the purpose of registration and employment in India and abroad.
• To give approval for registration of Indian and- Foreign Nurses possessing foreign qualification as prescribed under the Indian Nursing Council Act, 1947.
• To prescribe the syllabus & regulations for Nursing programs.
• Power to withdraw the recognition of qualification under the Act in case the institution fails to maintain its standards
• To advise the State Nursing Councils, Examining Boards, State Governments and Central Government in various important items regarding Nursing Education in the Country.
The Indian Nursing Council is an Autonomous Body under the Government of India, Ministry of Health & Family Welfare was constituted by the Central Government under section 3(1) of the Indian Nursing Council Act, 1947 of parliament in order to establish a uniform standard of training for nurses, midwives and health visitors.
The function and objectives of the Council are as follows.
• To establish and monitor a uniform standard of nursing education for nurses midwife, Auxiliary Nurse-Midwives and health visitors by doing inspection of the institutions.
• To recognize the qualifications under section 10(2)(4) of the Indian Nursing Council Act, 1947 for the purpose of registration and employment in India and abroad.
• To give approval for registration of Indian and- Foreign Nurses possessing foreign qualification as prescribed under the Indian Nursing Council Act, 1947.
• To prescribe the syllabus & regulations for Nursing programs.
• Power to withdraw the recognition of qualification under the Act in case the institution fails to maintain its standards
• To advise the State Nursing Councils, Examining Boards, State Governments and Central Government in various important items regarding Nursing Education in the Country.
Chapter: 2.3.1 Coposition of Pharmacy Council
Composition of Pharmacy Council
Pharmacy Council of India consists of the following members, namely:
a) Six members, among whom there shall be at least one teacher of each of the subjects, pharmaceutical chemistry, pharmacy, pharmacology and pharmacognosy elected by the University Grants Commission from among persons on the teaching staff of an Indian University or a college affiliated thereto which grants a degree or diploma in pharmacy;
b) Six members, of whom at least four shall be persons possessing a degree or diploma in, and practicing pharmacy or pharmaceutical chemistry, nominated by the Central Government;
c) One member elected from amongst themselves by the members of the Medical Council of India;
d) The Director General, Health Services, ex officio
e) The Drugs Controller, India, ex officio
f) The Director of the Central Drugs Laboratory, ex officio;
g) A representative of the University Grants Commission and a representative of the All India Council for Technical Education
h) One member to represent each State elected from amongst themselves by the members of each State Council, who shall be a registered pharmacist;
i) One member to represent each State nominated by the State Government, who shall be a registered pharmacist:
j) One member each representing Union territory
Important regulations pertaining to functions of the council are as under.
• Pharmacy Act, 1948.
• Education Regulations, 1991.
• Regulations of the Pharmacy Council of India.
• Standing Orders of the Pharmacy Council of India.
• Pharmacist Oath
Pharmacy Council of India consists of the following members, namely:
a) Six members, among whom there shall be at least one teacher of each of the subjects, pharmaceutical chemistry, pharmacy, pharmacology and pharmacognosy elected by the University Grants Commission from among persons on the teaching staff of an Indian University or a college affiliated thereto which grants a degree or diploma in pharmacy;
b) Six members, of whom at least four shall be persons possessing a degree or diploma in, and practicing pharmacy or pharmaceutical chemistry, nominated by the Central Government;
c) One member elected from amongst themselves by the members of the Medical Council of India;
d) The Director General, Health Services, ex officio
e) The Drugs Controller, India, ex officio
f) The Director of the Central Drugs Laboratory, ex officio;
g) A representative of the University Grants Commission and a representative of the All India Council for Technical Education
h) One member to represent each State elected from amongst themselves by the members of each State Council, who shall be a registered pharmacist;
i) One member to represent each State nominated by the State Government, who shall be a registered pharmacist:
j) One member each representing Union territory
Important regulations pertaining to functions of the council are as under.
• Pharmacy Act, 1948.
• Education Regulations, 1991.
• Regulations of the Pharmacy Council of India.
• Standing Orders of the Pharmacy Council of India.
• Pharmacist Oath
Chapter: 2.3 Pharmacy Council of India
Pharmacy Council of India
The Pharmacy Council of India was constituted on 09.08.1949 under section 3 of the Pharmacy Act. The Pharmacy Act 1948 was enacted on 04.03.1948 with the objective to regulate the profession of pharmacy. The Pharmacy Council also regulates pharmacy education and profession in India upto graduate level.
The objectives of the Council are as follows.
• Regulation of the Pharmacy Education in the Country for the purpose of registration as a pharmacist under the Pharmacy Act.
• Regulation of Profession and Practice of Pharmacy.
Additionally, the Council has following important functions:
• To prescribe minimum standard of education required for qualifying as a pharmacist.
• Framing of Education Regulations prescribing the conditions to be fulfilled by the institutions seeking approval of the Pharmacy Council of India for imparting education in pharmacy.
• To ensure uniform implementation of the educational standards through out the country.
• Inspection of Pharmacy Institutions seeking approval under the Pharmacy Act to verify availability of the prescribed norms.
• To approve the course of study and examination for pharmacists i e. approval of the academic training institutions providing pharmacy courses.
• To withdraw approval, if the approved course of study or an approved examination does not continue to be in conformity with the educational standards prescribed by the Pharmacy Council of India.
• To approve qualifications granted outside the territories to which the Pharmacy Act extends i.e. the approval of foreign qualification.
• To maintain Central Register of Pharmacists.
The Pharmacy Council of India was constituted on 09.08.1949 under section 3 of the Pharmacy Act. The Pharmacy Act 1948 was enacted on 04.03.1948 with the objective to regulate the profession of pharmacy. The Pharmacy Council also regulates pharmacy education and profession in India upto graduate level.
The objectives of the Council are as follows.
• Regulation of the Pharmacy Education in the Country for the purpose of registration as a pharmacist under the Pharmacy Act.
• Regulation of Profession and Practice of Pharmacy.
Additionally, the Council has following important functions:
• To prescribe minimum standard of education required for qualifying as a pharmacist.
• Framing of Education Regulations prescribing the conditions to be fulfilled by the institutions seeking approval of the Pharmacy Council of India for imparting education in pharmacy.
• To ensure uniform implementation of the educational standards through out the country.
• Inspection of Pharmacy Institutions seeking approval under the Pharmacy Act to verify availability of the prescribed norms.
• To approve the course of study and examination for pharmacists i e. approval of the academic training institutions providing pharmacy courses.
• To withdraw approval, if the approved course of study or an approved examination does not continue to be in conformity with the educational standards prescribed by the Pharmacy Council of India.
• To approve qualifications granted outside the territories to which the Pharmacy Act extends i.e. the approval of foreign qualification.
• To maintain Central Register of Pharmacists.
Chapter: 2.2.1 Composition of Dental Council
Composition of Dental Council
Dental Council of India consists of the following members, namely:
• One registered dentist possessing a recognized dental qualification elected by the dentists registered in prescribed of each State register;
• One member elected from amongst themselves by the members of the Medical Council of India;
• Four members elected from among themselves, by Principals, Deans, Directors and Vice-Principals of dental colleges in the States training students for recognized dental qualifications, provided that not more than one member shall be elected from the same dental college.
• Heads of dental wings of medical colleges in the States training students for recognized dental qualifications.
• One member from each University established by law in the States which grants recognized dental qualification, to be elected by the members of the Senate of the University, or in case the University has no Senate, by the members of the court, from amongst the members of the Dental Faculty of the University or in case the University has no Dental Faculty, from amongst the members of the Medical Faculty thereof;
• One member to represent each State, nominated by the Government of each such State from among persons registered either in a medical register or a dental register of the State. In this clause State does not mean Union Territory.
• Six members nominated by the Central Government, of whom at least one shall be a registered dentist possessing a recognized dental qualification and practicing or holding an appointment in an institution for the training of dentists in a Union territory], and at least two shall be dentists registered in prescribed part of a State register;
• The Director General of Health Services, is the ex-officio member
Important regulations pertaining to functions of the council are as under.
• Dentist Act, 1948
• Dental Council of India Regulations 2006
• BDS Course Regulations, 2006
Dental Council of India consists of the following members, namely:
• One registered dentist possessing a recognized dental qualification elected by the dentists registered in prescribed of each State register;
• One member elected from amongst themselves by the members of the Medical Council of India;
• Four members elected from among themselves, by Principals, Deans, Directors and Vice-Principals of dental colleges in the States training students for recognized dental qualifications, provided that not more than one member shall be elected from the same dental college.
• Heads of dental wings of medical colleges in the States training students for recognized dental qualifications.
• One member from each University established by law in the States which grants recognized dental qualification, to be elected by the members of the Senate of the University, or in case the University has no Senate, by the members of the court, from amongst the members of the Dental Faculty of the University or in case the University has no Dental Faculty, from amongst the members of the Medical Faculty thereof;
• One member to represent each State, nominated by the Government of each such State from among persons registered either in a medical register or a dental register of the State. In this clause State does not mean Union Territory.
• Six members nominated by the Central Government, of whom at least one shall be a registered dentist possessing a recognized dental qualification and practicing or holding an appointment in an institution for the training of dentists in a Union territory], and at least two shall be dentists registered in prescribed part of a State register;
• The Director General of Health Services, is the ex-officio member
Important regulations pertaining to functions of the council are as under.
• Dentist Act, 1948
• Dental Council of India Regulations 2006
• BDS Course Regulations, 2006
Chapter: 2.2 Dental Council of India
Dental Council of India
The Dental Council of India is constituted by an act of parliament 'The Dentists Act 1948~ (XVI of 1948) with a view to regulate the dental education, dental profession and dental ethics thereto-which came into existence in March, 1949. The Council is financed mainly by grants from the Govt. of India, Ministry of Health & Family Welfare (Department of Health).
The amendments were made through an ordinance promulgated by the President of India on 27th August 1992 mainly to restrict mushroom growth of dental colleges, increase of the seats in any of the course and starting of new higher courses without the prior permission of the Central Govt., Ministry of Health & Family Welfare.
The objectives of the Council are as follows.
In consonance of the provisions of the Act, Dental Council of India is entrusted with the following objectives.
• Maintenance of uniform standards of Dental Education both at Undergraduate and Postgraduate levels. (a) It envisages inspections/visitations of Dental Colleges for permission to start Dental colleges, increase of seats, starting of new P.G. courses (as per provisions of section 10A of the Act).
• To prescribe the standard curricula for the training of dentists, dental hygienists, dental mechanics and the conditions for such training;
• To prescribe the standards of examinations and other requirements to be satisfied to secure for qualifications recognition under the Act;
The Dental Council of India is constituted by an act of parliament 'The Dentists Act 1948~ (XVI of 1948) with a view to regulate the dental education, dental profession and dental ethics thereto-which came into existence in March, 1949. The Council is financed mainly by grants from the Govt. of India, Ministry of Health & Family Welfare (Department of Health).
The amendments were made through an ordinance promulgated by the President of India on 27th August 1992 mainly to restrict mushroom growth of dental colleges, increase of the seats in any of the course and starting of new higher courses without the prior permission of the Central Govt., Ministry of Health & Family Welfare.
The objectives of the Council are as follows.
In consonance of the provisions of the Act, Dental Council of India is entrusted with the following objectives.
• Maintenance of uniform standards of Dental Education both at Undergraduate and Postgraduate levels. (a) It envisages inspections/visitations of Dental Colleges for permission to start Dental colleges, increase of seats, starting of new P.G. courses (as per provisions of section 10A of the Act).
• To prescribe the standard curricula for the training of dentists, dental hygienists, dental mechanics and the conditions for such training;
• To prescribe the standards of examinations and other requirements to be satisfied to secure for qualifications recognition under the Act;
Chapter: 2.1.1 Additionally it has following important function
Additionally it has following important function:
• Inspection/ visitation with a view to maintain proper standard of medical education in India.
• Permission to start new medical colleges, new Courses including P.G. or Higher Courses, increase of seats etc.
• Recognition/ de-recognition of Indian Qualifications / Foreign qualifications
• Indian Medical Register: Maintenance of All India Medical Register of persons who hold any of the recognized medical qualification or for the time being registered with any of the State Medical Councils or Medical Council of India.
• Registration: Permanent registration / Provisional registration / Registration of Additional Qualification.
It is important to note that Medical Council of India does not deal with Registration, duties and responsibilities of Paramedical personnel, Dental Surgeons and practice of Indian systems of Medicine like Ayurveda, Siddha, Unani and Homeopathy.
Composition of Council
Medical Council of India consists of the following members, namely:
a) One member from each State other than a Union Territory to be nominated by the Central Government in consultation with the State Government concerned.
b) One member from each University, to be elected from amongst the members of the medical faculty of the University by members of the Senate of the University or in case the University has no senate, by members of the Court.
c) One member from each State in which a State Medical Register is maintained, to be elected from amongst themselves by persons enrolled on such Register who possess the medical qualifications included in the First and Second Schedule or in Part-II of the Third Schedule.
d) Seven members to be elected from amongst themselves be persons who possess the medical qualifications included in Part I of the Third Schedule.
e) Eight members to be nominated be the Central Govt.
f) The President and Vice-President of the Council shall be elected by the members of the Council from amongst themselves.
Important regulations pertaining to functions of the council are as under.
• The Indian Medical Council Act, 1956
• Medical Council of India Regulations 2000
• The Indian Medical Council (Professional conduct, Etiquette and Ethics Regulations 2002
• The Screening Test Regulations, 2002.
• Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations, 2002
• Regulations on graduate medical examination, 1997
• The Postgraduate Medical Education Regulations 2000
• Establishment of New Medical College Regulations, 1999
• Medical Council of India Norms and guidelines for Fees and Guidelines for admission in Medical Colleges) Regulations 1994.
• Inspection/ visitation with a view to maintain proper standard of medical education in India.
• Permission to start new medical colleges, new Courses including P.G. or Higher Courses, increase of seats etc.
• Recognition/ de-recognition of Indian Qualifications / Foreign qualifications
• Indian Medical Register: Maintenance of All India Medical Register of persons who hold any of the recognized medical qualification or for the time being registered with any of the State Medical Councils or Medical Council of India.
• Registration: Permanent registration / Provisional registration / Registration of Additional Qualification.
It is important to note that Medical Council of India does not deal with Registration, duties and responsibilities of Paramedical personnel, Dental Surgeons and practice of Indian systems of Medicine like Ayurveda, Siddha, Unani and Homeopathy.
Composition of Council
Medical Council of India consists of the following members, namely:
a) One member from each State other than a Union Territory to be nominated by the Central Government in consultation with the State Government concerned.
b) One member from each University, to be elected from amongst the members of the medical faculty of the University by members of the Senate of the University or in case the University has no senate, by members of the Court.
c) One member from each State in which a State Medical Register is maintained, to be elected from amongst themselves by persons enrolled on such Register who possess the medical qualifications included in the First and Second Schedule or in Part-II of the Third Schedule.
d) Seven members to be elected from amongst themselves be persons who possess the medical qualifications included in Part I of the Third Schedule.
e) Eight members to be nominated be the Central Govt.
f) The President and Vice-President of the Council shall be elected by the members of the Council from amongst themselves.
Important regulations pertaining to functions of the council are as under.
• The Indian Medical Council Act, 1956
• Medical Council of India Regulations 2000
• The Indian Medical Council (Professional conduct, Etiquette and Ethics Regulations 2002
• The Screening Test Regulations, 2002.
• Eligibility Requirement for taking admission in an undergraduate medical course in a Foreign Medical Institution Regulations, 2002
• Regulations on graduate medical examination, 1997
• The Postgraduate Medical Education Regulations 2000
• Establishment of New Medical College Regulations, 1999
• Medical Council of India Norms and guidelines for Fees and Guidelines for admission in Medical Colleges) Regulations 1994.
Chapter: 2.1 Medical Council Of India
Medical Council of India
The Medical Council of India was established in 1934 under the Indian Medical Council Act, 1933, now repealed, with the main function of establishing uniform standards of higher qualifications in medicine and recognition of medical qualifications in India and abroad.
But with the rapid growth of medical profession and education in India, there was need to amend the existing provisions to meet the new challenges. Thus the Indian Medical Council Act, 1933 was repealed and a new act, Indian Medical Council Act, 1956 was enacted. This later act was further amended in 1964, 1993 and last in 2001.
The objectives of the Council are as follows.
• Maintenance of uniform standards of medical education, both undergraduate and postgraduate.
• Recommendation for recognition/ de-recognition of medical qualifications of medical institutions of India or foreign countries.
• Permanent registration/ provisional registration of doctors with recognized medical qualifications,
• Reciprocity with foreign countries in the matter of mutual recognition of medical qualifications.
The Medical Council of India was established in 1934 under the Indian Medical Council Act, 1933, now repealed, with the main function of establishing uniform standards of higher qualifications in medicine and recognition of medical qualifications in India and abroad.
But with the rapid growth of medical profession and education in India, there was need to amend the existing provisions to meet the new challenges. Thus the Indian Medical Council Act, 1933 was repealed and a new act, Indian Medical Council Act, 1956 was enacted. This later act was further amended in 1964, 1993 and last in 2001.
The objectives of the Council are as follows.
• Maintenance of uniform standards of medical education, both undergraduate and postgraduate.
• Recommendation for recognition/ de-recognition of medical qualifications of medical institutions of India or foreign countries.
• Permanent registration/ provisional registration of doctors with recognized medical qualifications,
• Reciprocity with foreign countries in the matter of mutual recognition of medical qualifications.
Chapter: 2 Administration Of Medical And Legal Profession In India
Administration Of Medical And Legal Profession In India
Objective
This unit is all about the bodies and authorities which regulates different streams of medical profession in India. We have discussed the constitution, history and objectives of such regulatory bodies. Additionally useful information has been provided about the Bar Council of India, which regulates legal profession in India
Objective
This unit is all about the bodies and authorities which regulates different streams of medical profession in India. We have discussed the constitution, history and objectives of such regulatory bodies. Additionally useful information has been provided about the Bar Council of India, which regulates legal profession in India
Saturday, February 27, 2010
Chapter: 1.10 The Legal System Under The Consumer Protection Act 1986
The Legal System Under The Consumer Protection Act 1986
Chapter: 1.8 Legal System for Remedies under Law of Torts
Legal System for Remedies under Law of Torts
Chapter: 1.7 Alternative Dispute Forums
Alternative Dispute Forums
Specialized tribunals are established under various enactments such as the Income tax Appellate Tribunal, the Company Law Board, the Sales Tax Appellate Tribunal, the Consumer Forums, the Central and State Administrative Tribunals, the Debt Recovery Tribunal. All these tribunals are under the superintendence of the High Court within whose territorial jurisdiction they function.
Hierarchy
In this sub unit, we have made attempt to explain by way of Diagrammatic representation the justice delivery system:
Specialized tribunals are established under various enactments such as the Income tax Appellate Tribunal, the Company Law Board, the Sales Tax Appellate Tribunal, the Consumer Forums, the Central and State Administrative Tribunals, the Debt Recovery Tribunal. All these tribunals are under the superintendence of the High Court within whose territorial jurisdiction they function.
Hierarchy
In this sub unit, we have made attempt to explain by way of Diagrammatic representation the justice delivery system:
Legal System for Constitutional Remedies
Chapter: 1.6 Powers of Criminal Courts
Powers of Criminal Courts:
Court - Power
Supreme Court - All powers granted by law including death sentence
High Court - All powers granted by law including death sentence
Courts of Sessions Judges - All powers granted by law including death sentence, but the
death sentence has to be confirmed by the High Court
Additional District & Sessions Judge - As above
Additional District & Sessions Judge - Imprisonment for 10 years, and fine (any amounts)
Chief Judicial Magistrate/ - Imprisonment for 7 years, and fine (any amount)
Chief Metropolitan Magistrate
Additional Chief Judicial Magistrates - As above
Judicial Magistrate of the first class / - Imprisonment for 3 years, and fine of 5,000
Metropolitan Magistrate
Judicial Magistrate of the second class - Imprisonment for 1 year and fine of 1,000
Sub-divisional Judicial Magistrate -Same powers as that of a Judicial Magistrate of the first class
Court - Power
Supreme Court - All powers granted by law including death sentence
High Court - All powers granted by law including death sentence
Courts of Sessions Judges - All powers granted by law including death sentence, but the
death sentence has to be confirmed by the High Court
Additional District & Sessions Judge - As above
Additional District & Sessions Judge - Imprisonment for 10 years, and fine (any amounts)
Chief Judicial Magistrate/ - Imprisonment for 7 years, and fine (any amount)
Chief Metropolitan Magistrate
Additional Chief Judicial Magistrates - As above
Judicial Magistrate of the first class / - Imprisonment for 3 years, and fine of 5,000
Metropolitan Magistrate
Judicial Magistrate of the second class - Imprisonment for 1 year and fine of 1,000
Sub-divisional Judicial Magistrate -Same powers as that of a Judicial Magistrate of the first class
Friday, February 26, 2010
Chapter: 1.5 Criminal Courts
As mentioned aloof e, there is a three tier system elf courts. On criminal side the lowest court is that of the Judicial Magistrate. Judicial Magistrates decide criminal cases which care punishable with imprisonment of up to three years. At the middle of the hierarchy there is the Court of the Chief Judicial Magistrate on the Criminal side. The Chief Judicial Magistrate can try cases which are punishable with imprisionment for a term up to seven years. There are many additional courts of Additional Usually there are many additional courts of Additional Chief Judicial Magistrates.
There are two kinds of magistrates, namely Judicial Magistrates (including Metropolitan Magistrates in Metropolitan areas) and Executive Magistrates. Judicial Magistrates can be of two classes, first class and second class.
Executive Magistrates are appointed by the State Government and are usually officers of the Revenue Department such as District Collector, Sub-collector, or a Tehsildar. There duties are of an executive nature. They usually do not grant any punishment.
However, if the area is a metropolitan city, having a population of more than 1 million, there would be a Chief Metropolitan Magistrate of that metropolitan area. A Chief Metropolitan Magistrate has the same powers as that of a Chief Judicial Magistrate. In addition, the High court may appoint an Additional Chief Metropolitan Magistrate, who would have all the powers of the Chief Judicial Magistrate. At the lower level, Metropolitan Magistrates are equivalent to First Class Judicial Magistrates.
At the top level there may be one or more courts of additional district and Sessions judge with the same judicial power as that of the District and Sessions judge.
Special Courts/ Designated Courts
These could be Metropolitan, Judicial or Executive, and are appointed for special purposes, such as to try cases of rioting or of mass tragedies, Corruption, Offences against SC/STs or for any other purpose. These magistrates are appointed because regular magistrates would not be able to cope up with the extra work. Generally the work of these magistrates is time-bound, i.e. they have to complete the enquiry and punishment within a prescribed period.
Designated Courts can be Magistrate Courts as well as Sessions Court. Any such court can be designated to try cases falling under special laws. For e.g. TADA Court, MCOCA
There are two kinds of magistrates, namely Judicial Magistrates (including Metropolitan Magistrates in Metropolitan areas) and Executive Magistrates. Judicial Magistrates can be of two classes, first class and second class.
Executive Magistrates are appointed by the State Government and are usually officers of the Revenue Department such as District Collector, Sub-collector, or a Tehsildar. There duties are of an executive nature. They usually do not grant any punishment.
However, if the area is a metropolitan city, having a population of more than 1 million, there would be a Chief Metropolitan Magistrate of that metropolitan area. A Chief Metropolitan Magistrate has the same powers as that of a Chief Judicial Magistrate. In addition, the High court may appoint an Additional Chief Metropolitan Magistrate, who would have all the powers of the Chief Judicial Magistrate. At the lower level, Metropolitan Magistrates are equivalent to First Class Judicial Magistrates.
At the top level there may be one or more courts of additional district and Sessions judge with the same judicial power as that of the District and Sessions judge.
Special Courts/ Designated Courts
These could be Metropolitan, Judicial or Executive, and are appointed for special purposes, such as to try cases of rioting or of mass tragedies, Corruption, Offences against SC/STs or for any other purpose. These magistrates are appointed because regular magistrates would not be able to cope up with the extra work. Generally the work of these magistrates is time-bound, i.e. they have to complete the enquiry and punishment within a prescribed period.
Designated Courts can be Magistrate Courts as well as Sessions Court. Any such court can be designated to try cases falling under special laws. For e.g. TADA Court, MCOCA
Chapter: 1.4 Civil Courts
Civil Courts
There is a three tier system of courts. On the civil side, at the lowest level is the court of Civil Judge (Junior Division)r w ho decides civil cases of small pecuniary stake. At the middle of the hierarchy there is the Court of Civil Judge (Senior Division) on the civil side. Civil Judge (senior division) can decide civil cases of conic valuation. There are many additional courts of Additional Civil Judge (senior division). At the top level there may be one or more courts of additional district and sessions judge with the salve judicial power cats that of the District and Sessions judge
Appeals from these subordinate courts normally lie either to the District Court or to the High Court. A litigant is normally entitled to two appeals-one appeal on facts anti law and a second appeal on law lone.
There is a three tier system of courts. On the civil side, at the lowest level is the court of Civil Judge (Junior Division)r w ho decides civil cases of small pecuniary stake. At the middle of the hierarchy there is the Court of Civil Judge (Senior Division) on the civil side. Civil Judge (senior division) can decide civil cases of conic valuation. There are many additional courts of Additional Civil Judge (senior division). At the top level there may be one or more courts of additional district and sessions judge with the salve judicial power cats that of the District and Sessions judge
Appeals from these subordinate courts normally lie either to the District Court or to the High Court. A litigant is normally entitled to two appeals-one appeal on facts anti law and a second appeal on law lone.
Chapter: 1.3 High Court
High Court
As stated above, India's judicial system is made up of the Supreme Court of India at the apex of the hiearchy for the entire country and High Courts at the top of the hiearchy in each State. These courts have jurisdiction over a state, a union territory or a group of states and union territories. High Courts are established under Part VI, Chapter V, Article 214 of the Indian Constitution.
Each High Court consists of a Chief Justice and a number of puisne judges. A High Court judge is appointed by the President after consultation with the Chief Justice of India, the Governor of the State and the Chief Justice of the State. A High Court judge holds office till he attains the age of 62 years. A High Court judge can be impeached in the same manner as a Supreme Court judge.
The High Court hears appeals from the subordinate courts and tribunals. It also acts as a court of revision for the subordinate courts and tribunals. The High Court has powers to issue writs of habeas corpus, certiorari and others. Some High Courts also exercise original jurisdiction in civil matters and admiralty jurisdiction. The language of the Supreme Court and the High Court is English.
Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept.
District Courts
The District Courts of India are presided over by a judge. They administer justice in India at a district level. These courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs.
The highest court in each district is that of the District and Sessions Judge. This is the principal court of civil jurisdiction. This is also a court Sessions. Sessions-triable cases are tried by the Sessions Court. It has the power to impose any sentence including capital punishment.
As stated above, India's judicial system is made up of the Supreme Court of India at the apex of the hiearchy for the entire country and High Courts at the top of the hiearchy in each State. These courts have jurisdiction over a state, a union territory or a group of states and union territories. High Courts are established under Part VI, Chapter V, Article 214 of the Indian Constitution.
Each High Court consists of a Chief Justice and a number of puisne judges. A High Court judge is appointed by the President after consultation with the Chief Justice of India, the Governor of the State and the Chief Justice of the State. A High Court judge holds office till he attains the age of 62 years. A High Court judge can be impeached in the same manner as a Supreme Court judge.
The High Court hears appeals from the subordinate courts and tribunals. It also acts as a court of revision for the subordinate courts and tribunals. The High Court has powers to issue writs of habeas corpus, certiorari and others. Some High Courts also exercise original jurisdiction in civil matters and admiralty jurisdiction. The language of the Supreme Court and the High Court is English.
Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept.
District Courts
The District Courts of India are presided over by a judge. They administer justice in India at a district level. These courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs.
The highest court in each district is that of the District and Sessions Judge. This is the principal court of civil jurisdiction. This is also a court Sessions. Sessions-triable cases are tried by the Sessions Court. It has the power to impose any sentence including capital punishment.
Chapter: 1.2.2 Advisory Jurisdiction
Advisory Jurisdiction
The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.
Composition of Supreme Court
The Supreme Court consists of a Chief Justice and such number of puisne judges not more than 25 other Judges appointed by the President of India. The senior-most puisne judge is normally appointed the Chief Justice of India. A judge of the Supreme Court holds office until he attains the age of 65 years. He could be removed earlier by impeachment before both the Houses of Parliament.
Power to punish for contempt of Court
Under Articles 129 and 142 of the Constitution the Supreme Court has been vested with power to punish for contempt of Court including the power to punish for contempt of itself.
Review Jurisdiction
Under Order XL of the Supreme Court Rules the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the ground of an error apparent on the face of the record.
The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.
Composition of Supreme Court
The Supreme Court consists of a Chief Justice and such number of puisne judges not more than 25 other Judges appointed by the President of India. The senior-most puisne judge is normally appointed the Chief Justice of India. A judge of the Supreme Court holds office until he attains the age of 65 years. He could be removed earlier by impeachment before both the Houses of Parliament.
Power to punish for contempt of Court
Under Articles 129 and 142 of the Constitution the Supreme Court has been vested with power to punish for contempt of Court including the power to punish for contempt of itself.
Review Jurisdiction
Under Order XL of the Supreme Court Rules the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the ground of an error apparent on the face of the record.
Chapter: 1.2.1 Appellate Jurisdiction
The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.
The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Articles 132(1), 133(1) or 134 of the Constitution in respect of any judgment, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution.
Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies: fat that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.
In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court.
Parliament has the power to enlarge the appellate jurisdiction of the Supreme Court and has exercised this power in case of criminal appeals by enacting the Supreme Court Enlargement of Criminal Appellate Jurisdiction) Act, 1970.
Parliament is authorized to confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court.
The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Articles 132(1), 133(1) or 134 of the Constitution in respect of any judgment, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution.
Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies: fat that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.
In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court.
Parliament has the power to enlarge the appellate jurisdiction of the Supreme Court and has exercised this power in case of criminal appeals by enacting the Supreme Court Enlargement of Criminal Appellate Jurisdiction) Act, 1970.
Parliament is authorized to confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court.
Chapter: 1.2 Supreme Court
The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of, guardian of the Constitution and is also the highest court of appeal. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Primarily, it is an appellate court but is also vested with Original jurisdiction as well. The law declared by it is binding on all the lower courts in India (Article 141 of the Constitution of India).
Original jurisdiction
It has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question Whether of law or of fact) on which the existence or extent of a legal right depends.
In addition, Article 32 of the Constitution grants an extensive original jurisdiction to the Supreme Court in regard to enforcement of the Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.
The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court or from a Court subordinate to another State High Court.
The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself.
Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court.
Original jurisdiction
It has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question Whether of law or of fact) on which the existence or extent of a legal right depends.
In addition, Article 32 of the Constitution grants an extensive original jurisdiction to the Supreme Court in regard to enforcement of the Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.
The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court or from a Court subordinate to another State High Court.
The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself.
Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court.
Chapter: 1.1 Functions of courts
The primary function of a Court of law is explain and clarify administration of justice. The function can be classified as below:
• In terpretation: to ascertain, the meaning and application of the laws;
• Invalidation: to declare as invalid a law or rule that violates principles stated in the Constitution or the statute under which it is made.
• Enforcement - to see that the laws do not remain on paper and are made applicable to real-life situations of people;
• Legislation - Courts can make laws on issues which are not covered by any written laws. Some examples are inter-country adoption of children and sexual harassment at the workplace.
• In terpretation: to ascertain, the meaning and application of the laws;
• Invalidation: to declare as invalid a law or rule that violates principles stated in the Constitution or the statute under which it is made.
• Enforcement - to see that the laws do not remain on paper and are made applicable to real-life situations of people;
• Legislation - Courts can make laws on issues which are not covered by any written laws. Some examples are inter-country adoption of children and sexual harassment at the workplace.
Chapter: 1 Overview of Indian Legal System
Objective
After completing this unit, you will have idea about the various courts existing in India, their functions and powers.
Judicial System in India
Courts can be broadly divided into criminal courts and civil courts.
Criminal courts deal with determining the guilt or innocence of individuals accused of committing crimes.
Civil coward deal with disputes such as those relating to property, land, tenancy, monetary gains, compensation for wrongs done to people or property and matrimonial disputes and remedies.
The Judicial system comprises of Supreme Court, High Courts, District Courts and other Alternative Dispute Forums. The Supreme Court is the highest court in the country. The High Court stands at the head of the state's judicial administration. Each state is divided into judicial districts presided over by a district and sessions judge, who is the highest judicial authority in a district. Below hi-m, there are courts of civil jurisdiction, known in different states as munsifs, subjudges, civil judges and the like. Similarly, criminal judiciary comprises chief judicial magistrate and judicial manic If smirch BAA class.
After completing this unit, you will have idea about the various courts existing in India, their functions and powers.
Judicial System in India
Courts can be broadly divided into criminal courts and civil courts.
Criminal courts deal with determining the guilt or innocence of individuals accused of committing crimes.
Civil coward deal with disputes such as those relating to property, land, tenancy, monetary gains, compensation for wrongs done to people or property and matrimonial disputes and remedies.
The Judicial system comprises of Supreme Court, High Courts, District Courts and other Alternative Dispute Forums. The Supreme Court is the highest court in the country. The High Court stands at the head of the state's judicial administration. Each state is divided into judicial districts presided over by a district and sessions judge, who is the highest judicial authority in a district. Below hi-m, there are courts of civil jurisdiction, known in different states as munsifs, subjudges, civil judges and the like. Similarly, criminal judiciary comprises chief judicial magistrate and judicial manic If smirch BAA class.
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