Introduction
The Jharkhand High Court, created in the year 2000 after Bihar was bifurcated, is the state’s topmost judicial institution. Its rule book facilitates the easy dispensation of justice, the compliance with procedure, and adherence to legal requirements. This authoritative guide explores all the rules and regulations that help guide the functioning of the Jharkhand High Court and presents insights into its procedural norms and administrative protocols.
1. High Court of Jharkhand Rules, 2001
The guiding document of the procedures of the court is the High Court of Jharkhand Rules, 2001. The rules cover a broad area of administrative and judicial activities, such as:
- Full Court Meetings: Full Court meetings decide important issues like appointments, designations of Senior Advocates, and service conditions of judges.
- Standing Committees: These committees deal with specific administrative work, ensuring effective court administration.
- Rule-Making Power: The High Court has the power to make rules under different statutes, enabling the procedures to be aligned with changing legal requirements.
2. Civil Court Rules
The Civil Court Rules give comprehensive guidelines for civil cases in the jurisdiction of the Jharkhand High Court. Important points are:
- Pleadings and Documentation: Standards for the preparation, filing, and submission of civil pleadings are prescribed to ensure consistency and clarity.
- Court Fees and Costs: Provisions relating to the payment of court fees and distribution of legal costs provide for transparency in finances.
- Mediation Procedures: The rules include mediation procedures, encouraging alternative means of resolving disputes.
3. Criminal Court Rules
The Criminal Court Rules set out procedures for criminal cases, safeguarding the accused’s rights and the judicial process’s integrity. Highlights are:
- Recording Confessions: Procedures for recording confessions under Section 164 of the Criminal Procedure Code are set out to avoid coercion and ensure voluntariness .
- Trial Procedures: The rules define the procedure for carrying out fair and impartial trials, including the examination of witnesses and production of evidence.
- Special Provisions: Special chapters deal with proceedings against mentally disabled accused persons, safeguarding their rights.
4. Family Courts Rules, 2004
Realizing the special nature of family conflicts, the Jharkhand High Court devised the Family Courts Rules, 2004. The salient features are:
- Simplified Procedures: The rules facilitate less confrontational and more conciliatory proceedings in family courts.
- Fee Waivers: Applications and petitions lodged before the Family Court are court fee-exempt, lessening financial impediments for litigants.
- Multilingual Capability: Submissions could be filed in any of the languages set forth in Schedule VIII of the Constitution, enabling a diverse range of languages.
5. Rules Relating to Electronic Filing and Video Conferencing
Complying with the evolution in technology and ensuring effective management of cases, the Jharkhand High Court has enacted:
- E-Filing Regulations: These regulations enable electronic filing of court documents, making it easier and less cumbersome to file documents.
- Video Conferencing Rules: Introduced in 2020, these rules enable remote hearings, ensuring continuity of court proceedings during an emergency like the COVID-19 pandemic.
- Amendments and Notifications
The High Court of Kenya updates its rules from time to time in line with developments in the law and practical considerations. For example, the Civil Court Rules have been amended to resolve third-party interests in land cases. This way, the procedure of the court is made pertinent and functional.
Conclusion
The administrative framework of the Jharkhand High Court is a reflection of its dedication to justice, efficiency, and flexibility. Through its continuous improvement of its rules and embracing of technological advances, the court ensures that it addresses the changing needs of the legal profession and the public at large.
