Section 6 of The Bengal, Agra and Assam Civil Courts Act, 1887 in hindi
- (1)Whenever the office of District Judge or Subordinate Judge is vacant by reason of the death, resignation or removal of the Judge or other cause, or whenever 1[an increase in the number of District or Subordinate Judges has been made under the provisions of section 4], the 2[State Government or, as the case may be, the High Court] may fill up the vacancy or appoint the additional District Judges or Subordinate Judges 3***.
- (2)Nothing in this section shall be construed to prevent a State Government from appointing a District Judge or Subordinate Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or Subordinate Judge, all or any of the functions of another District Judge or Subordinate Judge, as the case may be. Uttar Pradesh Amendment of section 6 of Act XII of 1887.--In section 6 of the Bengal, Agra and Assam Civil Court Act, 1887, herein after in this chapter referred to as the principal Act, in sub -section (2), for the words "state Government" the words "High Court" shall be substituted. [Vide Uttar Pradesh Act 17 of 1991, s. 2]
Summary
- This section explains how to fill empty judge positions (vacancies).
- Vacancies can happen because a judge dies, resigns, is removed, or for other reasons.
- This section also applies when the government decides to increase the total number of judges under the power given in Section 4.
- The State Government or the High Court is responsible for filling these vacancies or appointing the new judges.
- The State Government can also ask one judge to temporarily perform the duties of another judge in addition to their own.
Practical examples
FAQ
1. Who fills a vacancy if a judge resigns?
Depending on the situation, either the State Government or the High Court fills the vacancy.
2. What happens if the government adds new judge positions using Section 4?
Section 6 is then used to appoint people to those newly created positions.
3. Can a judge do two jobs at once?
Yes, Section 6(2) allows the State Government to appoint one judge to discharge the functions of another judge's office temporarily.
Test yourself
Q1.Under Section 6 of the Bengal, Agra and Assam Civil Courts Act, 1887, which of the following is NOT listed as a reason for a vacancy in the office of a District Judge?
Q2.How does Section 6 of the Bengal, Agra and Assam Civil Courts Act, 1887, interact with Section 4?
Q3.According to Section 6(2) of the Bengal, Agra and Assam Civil Courts Act, 1887, what can the State Government authorize a judge to do?
Q4.Under Section 6 of the Bengal, Agra and Assam Civil Courts Act, 1887, if an Additional District Judge needs to be appointed because the government increased the staff size, who has the authority to make that appointment?