SUBORDINATE COURT (Part VI; Article 233-237) |
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 governor in consultation with state public service commission and high court. |
Control over subordinate court | By High court |
District judge | Include 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 services | Service consisting exclusively of persons intended to fill the post of district judge |
STRUCTURE AND JURISDICTION |
HIGH COURT
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
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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