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The Unifing Force in a Federal Structure - Part: 2 The structure and functions of subordinate courts are more or less uniform throughout the country. Designations of courts connote their functions. These courts deal with all disputes of civil or criminal nature as per the powers conferred on them. They have been derived principally from two important codes prescribing procedures, the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1873 and further strengthened by local statutes. As per direction of Supreme Court in WP (Civil), 1022/1989 in the All India Judges Association case, a uniform designation has been brought about in the subordinate judiciary's judicial officers all over the country, viz., District or Additional District Judges, Civil Judge (Senior Division) and Civil Judge (Junior Division) on the civil side and on criminal side, Sessions Judge, Additional Sessions Judge, Chief Judicial Magistrate and Judicial Magistrate, etc., as laid down in the Cr PC. Appropriate adjustment, if any, has been made of existing posts by indicating their equivalent with any of these categories by all state governments/UT administrations. Under Article 235 of the Constitution of India, the administrative control over the members of subordinate judicial service vests with the concerned High Court. Further in exercise of powers conferred under proviso to Article 309 read with Article 233 and 234 of the Constitution, the state Government shall frame rules and regulations in consultation with the High Court exercising jurisdiction in relation to such state. The members of the State Judicial Services are governed by these rules and regulations. However, in pursuance of the Supreme Court's directive in the referred case, for the first time, the Central Government have set up a National Judicial Pay Commission to examine the present structure of emoluments and conditions of service of judicial officers in the states and UTs. The Commission will make its recommendations to the state governments. The next set of courts is described as courts of district and sessions judge, which also include courts of additional judge, joint judge or assistant judge. The court of the district and sessions judge at district level is the principal court of original jurisdiction. It is presided over by an officer called district and sessions judge. As a rule, the same officer invested with power under both the statutes presides over the court and it is known as district and sessions court. Depending upon workload, a district court may have jurisdiction over more than one district. In some states, there is a court called court of civil and sessions judge. These courts generally have unlimited pecuniary jurisdiction and depending upon the power conferred on the incumbent officer-in-charge of the court, it can handle criminal cases. In some states, these courts with unlimited pecuniary jurisdiction are called courts of civil judge (senior division) while in other states they are described as courts of subordinate judge. In addition, there are courts known as small causes courts. These are set up either under the Provisional Small Causes Act at the district level or under the Presidency Town Small Causes Court Act in presidency/metropolitan towns. (http://www.nic.in/lawmin/Just.htm) The Family Courts Act, 1984 aims at promoting conciliation in and securing speedy settlement of disputes relating to marriage and family affairs and related matters. It envisages that courts shall be set up in a city or town with a population of more than 10 lakh and at such other places, as the state government may deem necessary. After the enactment of the Family Courts Act, 1984, 61 Family Courts have been set up so far: Uttar Pradesh-16, Rajasthan-5, Maharashtra -13, Orissa-2, Karnataka-4, Tamil Nadu-5, Kerala-5, Bihar-2, Assam-1, Manipur-1, Andhra Pradesh-6, and Pondicherry-1. After the approval of the Cabinet, orders have already been issued for creation of 15 posts of judges and 202 posts of supporting staff for the setting up of Family Courts in the NCT of Delhi. The NCT of Delhi has also been requested to take urgent steps for setting up the 15 Family Courts in the NCT of Delhi. The National Judicial Academy has been set up by the Government of India to provide in-service training to judicial officers. The Academy was registered on 17 August 1993 under the Societies Registration Act, 1860. The Academy located in Bhopal has its registered office in New Delhi. It will provide training to judicial officers of States/UTs as well as ministerial officers working in the Supreme Court of India and the High Courts. Please refer to (http://www.nic.in/lawmin/An_rep/Chapter3.htm), which is a report in web site representing the annual report of Department of Justice (Ministry of Law, Justice and Company Affairs) for more details on this Academy. Article 39A of the Constitution provides for free legal aid to the poor and weaker sections of society. The Legal Services Authorities Act, 1987 (as amended by the Act of 1994) which came into force on 9 November 1995, aims at establishing a nation-wide network for providing free and comprehensive legal services to the weaker sections. National Legal Services Authority (NALSA) has been set up for implementing and monitoring legal aid programmes in the country. The Supreme Court Legal Services Committee has been constituted under the Act. In every High Court also, the High Court Legal Services Committees are being established to provide free legal aid to the eligible persons in legal matters coming before the High Courts. The Legal Services Authorities Act also provides for constitution of the State Legal Services Committees, High Court Legal Services Committees, District Legal Services Committees and Taluk Legal Services Committees. Under the Legal Services Authorities Act, every citizen whose annual income does not exceed Rs 90,000 is eligible for free legal aid in cases before subordinate courts and high courts. In cases before the Supreme Court, the limit is Rs 120,000. This limit can be increased by the state governments. Limitation as to the income does not apply in the case of persons belonging to the scheduled castes, scheduled tribes, women, children, handicapped, etc. The legal aid programme adopted by NALSA include promoting of legal literacy, setting up of legal aid clinics in universities and law colleges, training of para-legals, and holding of legal aid camps and Lok Adalats. You may refer to Supreme Court Middle Income Legal Aid Society at its web site http://supremecourtofindia.nic.in/mig.htm. A detailed account of Legal Aid Movement in India is described in the web site http://causelists.nic.in/nalsa/l1.htm. The site is maintained by the National Legal Services Authority constituted under The Legal Services Authorities Act, 1987. Lok Adalats are alternate dispute resolution forums organized by the various legal aid authorities like the State Legal Aid Authority, The District Legal Aid Authority, The Supreme Court legal services committee, High Court legal aid committees, Taluk legal aid committee. The Lok Adalats aid the resolution of disputes through conciliatory methods. Lok Adalats have proved to be an effective mechanism for resolution of disputes through conciliatory methods. Up to 31 December 1997, about 17,633 Lok Adalats have been held in different parts of the country where about 68.86 lakh cases were settled. In about 3,49,710 motor vehicles accident claims cases, compensation amounting to over Rs. 1,160.07 Crore was awarded. Under the Legal Services Authorities Act, Lok Adalat has been given the status of a Civil Court and every award made by Lok Adalat is final and binding on all parties and no appeal lies to any court against its award. Detailed information on Lok Adalats can viewed from http://causelists.nic.in/nalsa/c6.htm.The web site is maintained by National Legal Services Authority constituted under The Legal Services Authorities Act, 1987. The Attorney General for India is appointed by the President of India under Article 76 of the Constitution and holds office during the pleasure of the President. He must be a person who has the requisite qualifications to be appointed as a Judge of the Supreme Court. It is the duty of the Attorney General of India to give advice to the Government of India upon such legal matters and to perform such other duties of legal character as may be referred or assigned to him by the President. In the performance of his duties, he has the right of audience in all courts in India as well as the right to take part in the proceedings of Parliament without the right to vote. In discharge of his functions, the Attorney General is assisted by a Solicitor General and four Additional Solicitor Generals. There is an Advocate General for each State, appointed by the Governor, who holds office during the pleasure of the Governor. He must be a person qualified to be appointed as a Judge of High Court. His duty is to give advice to State Governments upon such legal matters and to perform such other duties of legal character, as may be referred or assigned to him by the Governor. The Advocate General has the right to speak and take part in the proceedings of the State Legislature without the right to vote. If a petition is received from the jail or in any other criminal matter and if the accused is unrepresented, then an Advocate is appointed as amicus curiae by the Court to defend and argue the case of the accused. In civil matters also the Court can appoint an advocate as amicus curiae if it thinks it necessary in case of an unrepresented party. The Court can also appoint amicus curiae in any matter of general public importance or in matters where the interest of the public at large is involved i.e. most advocates in environmental matters are amicus curiae. It is a device to make legal service available to a cause not represented by an advocate at the initiative of the Court, in the interest of better justice and equity. Ministry of Law And Justice comprises of the following three wing;
A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate. PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial for redressal of public injury. Such injury may arise from breach of public duty or due to a violation of some provision of the Constitution. Public interest litigation is the device by which public participation in judicial review of administrative action is assured. It has the effect of making judicial process little more democratic. According to the guidelines of the Supreme Court any member of public having sufficient interest may maintain an action or petition by way of PIL provided: - -
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