Subordinate Courts – District Court – NLSA – Lok Adalat

• Articles 233 to 237 in Part VI
• The subordinate courts are function below and under high court at district and lower levels.

Appointment of District Judges

• The appointment, posting and promotion of district judges are made by the Governor in consultation with the high court.

Qualifications

• He should not already be in the service of the Central or the state government.
• He should have been an advocate or a pleader for 7 years.
• He should be recommended by the high court for appointment.

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Appointment of other Judges

• Appointment to judicial service of a state are made by the Governor in consultation with the State Public Service Commission and high court.

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.
• Decision about post of District Judge is vested in the High Court.

Interpretation of District Court

• 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
  • Assistant sessions judge.

Structure & Jurisdiction of District Court

• The organisational structure, jurisdiction and nomenclature of the subordinate judiciary are laid down by the states.
• They differ slightly from state to state.
• The district judge is the highest judicial authority in the district.
• He possesses original and appellate jurisdiction in both civil and criminal matters.
• When he deals with civil cases, he is known as the district judge.
• When he hears the criminal cases, he is called as the sessions judge.
• The district judge exercises both judicial and administrative powers.
• 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
• However, a capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not.
• The chief judicial magistrate decides criminal cases which are punishable with imprisonment for a term up to 7 years.
• The judicial magistrate tries criminal cases which are punishable with imprisonment for a term up to 3 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.
• 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.

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National Legal Service Authority (NLSA)

• Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections.
• Articles 14 and 22(1) of the Constitution also make it obligatory for the State.
• In 1987, the Legal Services Authorities Act was enacted by the Parliament.
• It came into force in 1995.
• NLSA provides a nationwide uniform network for providing free and competent legal services to the weaker sections.
• Tagline of NLSA is “Access to Justice for All“.
• It monitors and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available
• In every State, a State Legal Services Authority and in every High Court, a  High Court Legal Services Committee have been constituted.
• District Legal Services Authorities, Taluk Legal Services Committees have been constituted in the Districts and most of the Taluks to conduct Lok Adalats.
• Supreme Court Legal Services Committee has been constituted
• Chief Justice of India is Ex–office chairman of NALSA.
• Next senior most judge is Executive chairman of NALSA.
• NALSA lays down policies, principles, guidelines and frames schemes for the State Legal Services Authorities.
• State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc. have been asked to discharge the following main functions
  • To provide free and competent legal services
  • To organize Lok Adalats
  • To organize legal awareness camps in the rural areas.
• The persons eligible for getting free legal services include
  • Women and children
  • Members of SC/ST
  • Industrial workmen
  • Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster
  • Disabled persons
  • Persons in custody
  • Persons whose annual income does not exceed Rs. 1 lakh (in the Supreme Court Legal Services Committee the limit is Rs. 1,25,000/-).
  • Victims of trafficking in human beings or begar.

Lok Adalats

• Lok Adalat is a forum where the cases or disputes which are  pending in a court or not yet brought before a court are compromised or settled.

Meaning  by Supreme Court

• The ‘Lok Adalat’ is an old form of adjudicating system prevailed in ancient India.
• ‘Lok Adalat’ means ‘People’s Court’.
• This system is based on Gandhian principles.
• It is one of the components of ADR (Alternative Dispute Resolution) system.
• Indian courts are overburdened with the backlog of cases
• The regular court process are lengthy, expensive
• Lok Adalat, therefore, provides alternative resolution or devise for expedious and inexpensive justice.
• In Lok Adalat proceedings, there are no victors and vanquished and, thus, no rancour.
• It is viable, economic, efficient and informal one.

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Statutory Status

• The first Lok Adalat camp was organized in Gujarat in 1982
• Lok Adalat has been given statutory status under the Legal Services Authorities Act, 1987.
• Lok Adalats can be organized by
  • State Legal Services Authority
  • District Legal Services Authority
  • Supreme Court Legal Services Committee
  • High Court Legal Services Committee
  • Taluk Legal Services Committee
• Any pending case can referred to the Lok Adalat if
  • The parties agree to settle the dispute in the Lok Adalat
  • One of the parties makes an application to the court, for referring the case to the Lok Adalat
  • The court is satisfied that the matter is an appropriate to be solved by the Lok Adalat.
• The Lok Adalat have powers of Civil Court under the Code of Civil Procedure (1908)
• Lok Adalat have power of Criminal Court under Indian Penal Code (1860)
• Every award made by a Lok Adalat shall be final and binding on all the parties.
• No appeal shall lie to any court against the award of the Lok Adalat.

Benefits

• There is no court fee and if court fee is already paid the amount will be refunded
• The basic features of Lok Adalat are the procedural flexibility and speedy trial
• There is no strict application of Civil Procedure Code and the Evidence Act
• The parties to the dispute can directly interact with the judge

Permanent Lok Adalats

• The Legal Services Authorities Act, 1987 was amended in 2002.
• It provides the establishment of the Permanent Lok Adalats.
• Lok Adalat is presided over by a sitting or retired judicial officer as the chairman.
• 2 other members, usually a lawyer and a social worker.

Family Courts

• The Family Courts Act, 1984 was enacted to provide for the establishment of Family Courts
• It settles disputes relating to marriage and family affairs.

Reasons

• The Law Commission in its 59th report (1974) told that, the dealing with disputes in family need to adopt a different approach from the ordinary civil proceedings
• The Code of Civil Procedure was amended in 1976 to provide for a special procedure relating to matters concerning the family
• It create a Specialized Court which will exclusively deal with family matters
• To have flexibility and an informal atmosphere in the conduct of proceedings.

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Features

• It provides for the establishment of Family Courts by the State Governments in consultation with the High Courts.
• It makes it obligatory to set up a Family Court in every city or town with a population exceeding one million.
• It enables the State Governments to set up Family Courts in other areas also
• During this stage, the proceedings will be informal and rigid rules of procedure shall not apply
• Court may, in the interest of justice, seek assistance of a legal expert
• It provides for only one right of appeal which shall lie to the High Court.

Gram Nyayalayas

• It established by the Gram Nyayalayas Act, 2008.
• Gram Nyayalayas provides access to justice to the citizens at their doorsteps
• Under the Act State Governments need to establish Gram Nyayalayas in consultation with the respective High Courts.

Reasons

• Article 39A directs the State to secure that the operation of the legal system promotes justice, on a basis of equal opportunity and shall provide free legal aid
• Government has taken various measures to strengthen judicial system, inter alia, by simplifying the procedural laws
• Law Commission of India in its 114th Report suggested establishment of Gram Nyayalayas
• Gram Nyayalayas Act, 2008 is broadly based on the  recommendations

Features

• The Gram Nyayalaya shall be court of Judicial Magistrate of the first class.
• It’s presiding officer (Nyayadhikari) shall be appointed by the State Government in consultation with the High Court.
• It can be established for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district
• Seat of Gram Nayalaya will be located at headquarter of intermediate Panchayat
• The Nyayadhikaris are strictly judicial officers
• Salary and powers same as First Class Magistrates working under High Courts
• Gram Nyayalaya shall be a mobile court
• It shall exercise the powers of both Criminal and Civil Courts.
• It shall be guided by the principles of natural justice and subject to any rule made by the High Court.
• Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of 6 months

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