Subordinate Courts
- These are under the subordination of High court at district or lower levels
- Articles 233 to 237 in Part VI make the following provisions to regulate the organisation of subordinate courts and to ensure their independence from the executive
- Appointment of District Judges
- By Governor with the consultation of HC
- Qualification
- He should not already be in the service of the Central or State Government
- He should have been an advocate or a pleader for 7 years
- He should be recommended by the HC for appointment
- Appointment of other Judges
- By Governor with the consultation of HC and SPSC
- Control over Subordinate Courts
- Is vested with the High Court
- Interpretation
- District Judge includes
- City Civil Court, Additional District Judge, Joint district Judge, Assistant District Judge, Chief Judge of Small cause court, Chief Presidency Magistrate, Additional Chief Presidency Magistrate, Sessions Judge, Additional Sessions Judge, Assistant Sessions Judge
- Judicial Service means
- a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of District Judge
- The Governor may direct that the above mentioned relating to persons in the state judicial service would apply to any class of magistrate in State
- Structure and Jurisdiction
- Structure
- High Court
- District and Sessions Judge Court
- Highest Judicial Authority of District
- Original and Appellate Jurisdiction
- Civil
- Called District Judge
- Judicial and Administrative Powers
- Supervisory Powers over all the subordinate courts
- Appeals against his orders and judgements lie to the High Court
- Subordinate Judges Court
- Unlimited pecuniary jurisdiction over civil suits
- Munsiff’s Court
- Possess limited jurisdiction and decides civil cases of small pecuniary stake
- Criminal
- Called Session’s Judge
- Has power to impose any sentence including Life Imprisonment and Capital punishment(with HC confirmation)
- Chief Judicial Magistrate Courts
- Decides criminal cases which are punishable with imprisonment for term upto 7 years
- Judicial Magistrate Courts
- Decides criminal cases which are punishable with imprisonment for term upto 3 years
- In Metropolitan Cities
- Civil
- City Civil Courts
- Criminal
- Courts of Metropolitan Magistrates
- Some of States and Presidency towns have established Small Causes Courts
- These courts decide the civil cases of small value in a summary manner
- Their decisions are final, but the HC possess a power of revision
- In some states, Panchayat Courts try pretty civil and criminal cases
- They are variously known as Nyaya Panchayat, Gram Kutchery, Adalati Panchayat, Panchayat Adalat, etc
National Legal Services Authority (NALSA)
- On the basis of
- DPSP Article 39A, free legal aid to poor and weaker sections and ensures justice for all
- FR Article 14 and 22(1), equality before law and equal opportunity to all
- In 1987, the Legal Services Authorities Act was enacted by Parliament which came into force on 9th Nov, 1995
- To establish a nationwide uniform network for providing free and competent legal services to the weaker sections on basis of equal opportunity
- Structure
- NLSA headed by Chief Justice of India
- SLSA headed by Chief Justice of High Court
- DLSA headed by District Judge
- Functions
- NALSA lays down the guidelines for SLSA to implement legal service throughout the country
- To provide free and competent legal service to eligible persons
- To organise Lok Adalats for amicable settlements of disputes
- To organise legal awareness camps in the rural areas
- Free Legal Service include
- Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings
- Providing service of lawyers in legal proceedings
- Obtaining and supply of certified copies of orders and other documents in legal proceedings
- Preparation of appeal, paper book including printing and translation of documents in legal proceedings
- Person eligible for getting free legal service include
- Women and Children
- Members of SC, ST
- Industrial workmen
- Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster
- Disabled Persons
- Persons in Custody
- Persons with annual income less than 1L (in Supreme Court the limit is 1.25L)
- Victims of trafficking in human beings or bagar
- NALSA launched web application for free legal service to Prisoners at conference held at Indian Law Institute, New Delhi
- Conference saw participation of 18 member secretaries
- Developed by National Informatics Centre
- SLSA and DLSA loads the data of individual into the application
- This application improves the transparency
- Ministry of Law and Justice in collaboration with Ministry of Electronics and IT launched “Tele-Law”
- Legal aid services through video conferencing to rural areas through Common Service Centres
- 1000 women Para legal volunteers will be trained
Lok Adalats
- It is a forum where the cases which are pending in a court or which are at pre-litigation stage are compromised or settled in an amicable manner
- SC has explained it as
- People’s Court
- It is based on Gandhian Principles
- It is one of the component of Alternative Dispute Resolution(ADR) System
- The court takes years together to settle even pretty cases, Lok Adalat is inexpensive justice
- Statutory Status
- The first Lok Adalat camp in post independence was organised in Gujarat in 1982
- This initiative proved very successful in the settlement of disputes
- Lok Adalat has been given statutory status under Legal Services Authorities Act, 1987
- All LSA can organise Lok Adalat if necessary
- All Lok Adalat must consist of serving or retired judicial officers as determined by the LSA
- Lok Adalat can settle the case in respect of
- Any case pending before any court
- Any matter within jurisdiction and not brought before court
- Lok Adalat have no jurisdiction on matter relating to offence not compoundable under any law
- Any case in court can go to Lok Adalat if
- The parties agree to settle in Lok Adalat
- One of the parties makes an application to refer to Lok Adalat
- Court is satisfied to move it to Lok Adalat
- Lok Adalat shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure(1908)
- Lok Adalat shall be final and binding on all the parties to the dispute. No appeal shall lie to any court against Lok Adalat.
- Benefits
- There is no court fee, if already paid it will be refunded
- Procedural flexibility and speedy trails
- The parties can directly interact with the judge through their counsel
- Does not cause the delay in settlement of disputes finally
Permanent Lok Adalats
- LSA Act 1987 was amended in 2002 to establish Permanent Lo Adalats to deal with cases pertaining public utility
- Reasons
- In Lok Adalats, it is mainly based on compromise, if compromise is not reached it is given to court of law which takes time
- So if Lok Adalats are given power to decide the cases on merits, if compromise is not reached, the problem can be tackled
- The cases of public utility need to be solved soon
- Features
- Shall consist of a Chaiman, who has been a District judge or Additional District Judge or higher rank
- Shall solve the cases of public utilities
- The pecuniary jurisdiction of Permanent Lok Adalat is 10L, however the Central government may increase
- Permanent Lok Adalat have no jurisdiction on matter relating to offence not compoundable under any law
- Once application is made in Lok Adalat by one party, it can’t go to higher court
- It is final and binding
Family Courts
- Family Courts Act, 1984 was enacted to provide for the establishment of Family Courts with a view to promote conciliation and secure speedy settlement of disputes. Relating to marriage and family affairs
- Reasons
- Several associations of women and other organisations have urged to have Family Court
- Law Commission in its 54th report in 1974 have also stressed it and in 1976 a Code of Conduct for this is formulated
- To provide inexpensive remedy
- To create a Specialised Court for family matters
- To have flexibility and informal atmosphere in conduct of proceedings
- Features
- State Government to establish Family courts in consultation with High Court
- It is obligatory for State Government to have Family Court in city with population over 1 million
- State Government can also establish if deemed necessary
- First stage is informal reconciliation of the parties
- It provides only one right of appeal which shall lie to the High Court
Gram Nyayalayas
- Gram Nyayalayas Act, 2008 was enacted to provide the establishment of Gram Nyayalayas by State governments in consultation with High Court at the grass root levels to provide justice at doorsteps and justice is not denied due to any social, economic, other disabilities
- Reasons
- Access to justice to poor and disadvantaged
- Law Commission in its 114th report suggested for establishment of Gram Nyayalayas for speedy, inexpensive, substantial justice
- Features
- Shall be a court of Judicial Magistrate of the first class and its presiding officer is appointed by State Government in consultation with High Court
- There shall be established at intermediate level Panchayats
- The presiding officer gets same allowances as the first class Magistrate of High Court
- It is a mobile court and shall exercise both Civil and Criminal cases
- Seat of Gram Nyayalaya shall be the headquarter of intermediate Panchayat and move from there
- Shall try cases of 1st and 2nd Schedule of the Act
- Central and State have been given the power to amend these Schedules
- Follow Summary Procedure in Criminal trail without delay
- Appeal in criminal cases shall lie to Court of Sessions which shall be heard and discoed within 6 months
- Appeal in criminal cases shall lie to District Court which shall be heard and discoed within 6 months