NOTES AND REFERENCES‌

1. See Table 35.1 at the end of this chapter.

2. L. Chandra Kumar v. Union of India, (1997). Clause 2(d) of Article 323 A was declared as unconstitutional.

3. Added by the 75th Amendment Act of 1993.

4. L. Chandra Kumar v. Union of India, (1997). Clause 2(d) of Article 323 A and Clause 3(d) of Article 323 B were declared as unconstitutional.

36 Subordinate Courts‌

The state judiciary consists of a high court and a hierarchy of subordinate courts, also known as lower courts. The subordinate courts are so called because of their subordination

to the state high court. They function below and under the high court at district and lower levels.

Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of subordinate courts and to ensure their independence from the executive1 .

1. Appointment of District Judges

The appointment, posting and promotion of district judges in a state are made by the governor of the state in consultation with the high court.

A person to be appointed as district judge should have the following qualifications:

(a) He should not already be in the service of the Central or the state government.

(b) He should have been an advocate or a pleader for seven years.

(c) He should be recommended by the high court for appointment.

2. Appointment of District Judges

Appointment of persons (other than district judges) to the judicial service of a state are made by the governor of the state after consultation with the State Public Service Commission and the high court2 .

3. Control over Subordinate Courts

The control over district courts and other subordinate courts including the posting, promotion and leave of persons belonging to the judicial service of a state and holding any post inferior to the post of district judge is vested in the high court.

4. Interpretation

The expression 'district judge’ includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge.

The expression '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.

5. Application of the above Provisions to Certain Magistrates

The Governor may direct that the above mentioned provisions relating to persons in the state judicial service would apply to any class or classes of magistrates in the state.

The organisational structure, jurisdiction and nomenclature of the subordinate judiciary are laid down by the states. Hence, they differ slightly from state to state. Broadly speaking, there are three tiers of civil and criminal courts below the High Court. This is shown as follows:

The district judge is the highest judicial authority in the district. He possesses original and appellate jurisdiction in both civil as well as criminal matters. In other words, the district judge is also the sessions judge. When he deals with civil cases, he is known as the district judge and when he hears the criminal cases, he is called as the sessions judge. The district judge exercises both judicial and administrative powers. He also has supervisory powers over all the subordinate courts in the district. Appeals against his orders and judgements lie to the High Court. The sessions judge has the power to impose any sentence including life imprisonment and capital punishment (death sentence). However, a capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not.

Below the District and Sessions Court stands the Court of

Subordinate Judge on the civil side and the Court of Chief Judicial Magistrate on the criminal side. The subordinate judge exercises unlimited pecuniary jurisdiction over civil suits3. The chief judicial magistrate decides criminal cases which are punishable with imprisonment for a term up to seven years.

At the lowest level, on the civil side, is the Court of Munsiff and on the criminal side, is the Court of Judicial Magistrate. The munsiff possesses limited jurisdiction and decides civil cases of small

pecuniary stake4. The judicial magistrate tries criminal cases which are punishable with imprisonment for a term up to three years.

In some metropolitan cities, there are city civil courts (chief judges) on the civil side and the courts of metropolitan magistrates on the criminal side.

Some of the States and Presidency towns have established small causes courts5. These courts decide the civil cases of small value in a summary manner. Their decisions are final, but the High Court possesses a power of revision.

In some states, Panchayat Courts try petty civil and criminal cases. They are variously known as Nyaya Panchayat, Gram Kutchery, Adalati Panchayat, Panchayat Adalat and so on.

Table 36.1 Articles Related to Subordinate Courts at a Glance

NATIONAL LEGAL SERVICES AUTHORITY6‌‌

Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all. In the year 1987, the Legal Services Authorities Act was enacted by the Parliament which came into force on 9th November, 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity. The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.

In every State, a State Legal Services Authority and in every High Court, a High Court Legal Services Committee have been constituted. The District Legal Services Authorities, Taluk Legal Services Committees have been constituted in the Districts and most of the Taluks to give effect to the policies and directions of the NALSA and to provide free legal services to the people and conduct Lok Adalats in the State.

The Supreme Court Legal Services Committee has been constituted to administer and implement the legal services programme insofar as it relates to the Supreme Court of India.

The NALSA lays down policies, principles, guidelines and frames effective and economical schemes for the State Legal Services Authorities to implement the Legal Services Programmes throughout the country.

Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc. have been asked to discharge the following main functions on regular basis:

1. To provide free and competent legal services to the eligible persons.

2. To organise Lok Adalats for amicable settlement of disputes.

3. To organise legal awareness camps in the rural areas. The free legal services include:

(a) Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings.

(b) Providing service of lawyers in legal proceedings.

(c) Obtaining and supply of certified copies of orders and other documents in legal proceedings.

(d) Preparation of appeal, paper book including printing and translation of documents in legal proceedings.

The persons eligible for getting free legal services include:

(i) Women and children

(ii) Members of SC/ST

(iii) Industrial workmen

(iv) Victims of mass disaster, violence, f lood, drought, earthqua industrial disaster

(v) Disabled persons

(vi) Persons in custody

(vii) Persons whose annual income does not exceed ₹1 lakh (in t Supreme Court Legal Services Committee the limit

₹1,25,000/-)

(viii) Victims of trafficking in human beings or begar.

The Lok Adalat is a forum where the cases (or disputes) which are pending in a court or which are at pre-litigation stage (not yet brought before a court) are compromised or settled in an amicable manner.