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

STRUCTURE AND JURISDICTION: HIGH COURT, DISTRICT JUDGES, AND SUBORDINATE COURTS IN LEGAL SYSTEM 

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

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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