JUDICIAL SYSTEM IN STATES: SUBORDINATE COURT, JUDGES, AND LEGAL AID FOR JUSTICE # |
JUDICIAL HIERARCHY: HIGH COURT & SUBORDINATE COURTS, APPOINTMENT CRITERIA, AND CONTROL MECHANISMS #
State judiciary = High court + subordinate courts
Appointment of district judges | Made by governor in consultation with high court
Qualifications:
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Appointment of persons (other than district judges) | Made by the governor in consultation with the state public service commission and high court. |
Control over subordinate court | By High Subordinate Court |
District judge | Include any judge of: city civil court + additional district judge + joint district judge + assistant district judge + chief judge of small cause Subordinate Court + chief presidency magistrate + additional chief presidency magistrate + sessions judge + additional sessions judge + assistant sessions judge |
Judicial services | Service consisting exclusively of persons intended to fill the post of district judge |
Also Read: HIGH COURTS IN INDIA: FUNCTIONS AND POWERS |
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STRUCTURE AND JURISDICTION: HIGH COURT, DISTRICT JUDGES, AND SUBORDINATE COURTS IN LEGAL SYSTEM #
HIGH COURT
a. Subordinate court
b. Chief judicial magistrate court
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ENSURING EQUAL JUSTICE: NALSA’S ROLE IN LEGAL AID, EQUALITY, AND EMPOWERMENT #
- 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 – State legal services authority.
- FUNCTIONS: Provide free and competent legal services to eligible ones + Organize Lok Adalat + Organize legal awareness camps.
GANDHIAN ADR: LOK ADALAT – FAST, AFFORDABLE, INFORMAL JUSTICE SINCE 1982 #
- Pre litigation stages + based on Gandhian principles + One of component of ADR (Alternative Dispute Redressal) + Informal, cheap, expeditious + First Lok Adalat – Gujarat in 1982
UNDERSTANDING LOK ADALAT: DISPUTE RESOLUTION AND LEGAL AUTHORITY #
- State legal services authority or district legal service authority or supreme court legal services committee or high Subordinate Court legal services committee or taluk legal services may organize Lok Adalat
- Every Adalat consists of such a 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 Subordinate Court
- Any matter which is falling within jurisdiction of any Subordinate Court and not brought before such Subordinate 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 Subordinate Court
- No appeal lies to award
Also Read: SUPREME COURT: STRUCTURE, APPOINTMENT, JURISDICTION, AND POWERS EXPLAINED |
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UTILITY SERVICE DISPUTE RESOLUTION: PERMANENT LOK ADALAT #
- Amended legal service authority act 1987 – 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 than that of district judge
- In respect of one or more utility services (transport, telephone services etc.)
- Pecuniary jurisdiction – up to 10 lakh
- No jurisdiction – Non compoundable cases
- Award: Final and binding
FAMILY COURT ACT: SIMPLIFYING DISPUTE RESOLUTION & LEGAL RIGHTS #
- Family court act 1984 conciliation and speedy settlement of disputes related to marriage and family issues
- Features:
- Establishment of family court by state government with consultation with high Subordinate 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 a legal practitioner.
- Only one right to appeal – HIGH COURT
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