SUBORDINATE COURT (Part VI; Article 233-237)

 SUBORDINATE COURT (Part VI; Article 233-237)

State judiciary = High court + subordinate courts

Appointment of district judgesMade by governor in consultation with high court

Qualifications:

  •          Not already in service of Centre or state government
  •          Have been advocate /pleader for seven years
  •          Recommended by High court for appointment
Appointment of persons (other than district judges)Made by governor in consultation with state public service commission and high court.
Control over subordinate courtBy High court
District judgeInclude any judge of: 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 servicesService consisting exclusively of persons intended to fill the post of district judge

 

STRUCTURE AND JURISDICTION

 

HIGH COURT

  •          DISTRICT AND SESSIONS JUDGE

o   Highest judicial authority district Of district

o   Both civil (district judge) and criminal (sessions judge)

o   Administrative + judicialsupervisory Appeal lies to high court

o   Capital punishment: subject to confirmation of high court

 

a.       Subordinate judges court

o   Unlimited pecuniary jurisdiction over civil suits

(i)                Munsiff’s court

o   Civil case of small pecuniary

b.       Chief judicial magistrate court

(i)                Judicial magistrate court

 

 

NATIONAL LEGAL SERVICES AUTHORITY
  • Article 39A (DPSP)- free legal aid to the poor and weaker sections of society and ensures justice for all
  • Article 14 and 22(1)- ensure equality before law and legal system which promotes justice on basis of equality of opportunity to all
  • 1987- Legal services authority act was enacted by parliament came into force on 9th November 1995
  • NALSA: To monitor and evaluate implementation of legal aid programmes + To lay down policy and principles for making legal services available under the act throughout the country + In Every state à State legal services authority.
  • FUNCTIONS: Provide free and competent legal services to eligible ones + Organize Lok Adalat + Organize legal awareness camps.

 

LOK ADALAT:
  • Pre litigation stages + based on Gandhian principles + One of component of ADR (Alternative Dispute Redressal) + Informal, cheap, expeditious + First Lok Adalat – Gujarat in 1982

 

ACCORDING TO LEGAL SERVICES AUTHORITY ACT 1987:
  • State legal services authority or district legal service authority or supreme court legal services committee or high court legal services committee or taluk legal services may organize Lok Adalat
  • Every Adalat consists of such number of serving or retired judicial officers and other persons of the area as may be specified by the agency.
  • Lok Adalat have power to determine and to arrive at compromise or settlement between parties to a dispute in respect:
    • Of any case pending before any court
    • Any matter which is falling within jurisdiction of any court and not brought before such court
  • No jurisdiction for non-compoundable offences
  • Same power as are vested in civil court and criminal court under code of civil procedure and code of criminal procedure respectively
  • Award of Lok Adalat = decree of civil court / order of any court
  • No appeal lies to award

 

PERMANENT LOK ADALAT
  • Amended legal service author act 1987 à In 2002 to provide for establishment of permanent Lok Adalat
  • Feature:
  • Chairman: is/has been district judge or additional district judge or has held judicial officer rank higher that that of district judge
  • In respect of one or more utility service (transport, telephone services etc.)
  • Pecuniary jurisdiction – upto 10 lakh
  • No jurisdiction – Non compoundable cases
  • Award: Final and binding

 

FAMILY COURT
  • Family court act 1984 conciliation and speedy settlement of disputes elated to marriage and family issues
  • Features:
  • Establishment of family court by state government with consultation with high court
  • Obligatory to constitute family court – in population exceeds 1 million
  • Enable state govt to establish family court in other areas if deem necessary
  • Exclusive jurisdiction: Matrimonial relief + Property of spouses + Declaration of legitimacy of one person + Guardianship of a person or custody of any minor + Maintenance of wife, children and parents
  • Obligation for first a reconciliation from side of family court
  • No right to be represented by legal practitioner.
  • Only one right to appeal à HIGH COURT