The High Courts and Chapter

ACCES
5
FOR

oJUSTIce Subordinate Courts

his
Syllabus temporarily absent or unable to perform
temporarily
duties or is appointed to act
The High Courts Judge holds
as Chief Justice. The acting resumes
Composition, qualifications of judges, office until the permanent Judge
annointment, Jurisdiction and functions: his/her office.
Oriqinal, Appellate, Revisory, Judicial Review
Qualifications
and Court of Record. Enforcement of person shall
According to the Constitution, a Judge of a
Fundamental Rights and Writs. a
Subordinate Courts be qualified for appointment as conditions:
High Court under the following
Distinction between Court of theDistrict Judge India.
and Sessions Court. (i) Should be a citizen of
(ii) Should not be over 62 years.
Lok Adalats: meaning and advantages (iii) Has held a judicial office
in the territory
of India for at least ten years;
THE HIGH COURTS or
a High Court for
provides for a Has been an advocate of
The Constitution of India at least ten years.
Parliament may,
High Court for each State. should have been
however, establish a common High
Court for Thequalification He/She
which was added by
Union Territories. This a distinguished Jurist", (1976), was omitted
two or more States/ population to the 42nd Amendment Act
depends on the area and the Act (1978).
to serve and the by the 44th Amendment
which a High Court has are
handle. There Appointment of Judges
amount of work it has to those Court is appointed
India, inchuding The Chief Justice of a High consultation with
25 High Courts in more than one State. of India in
having jurisdiction over by the President Supreme Court and
Territories, only Delhi has the Chief Justice of the
Among the Union concerned State.
its own. the Governor of the
a High Court of are appointed
Other Judges of a High Court
Composition President shall consult
consists of a Chief
Justice by the President. The
the Governor of the
Each High Court
the President of the Chief Justice of India,
Judges as of the High Court
and such other State and the Chief Justice
from time to time. appointment of a Judge to
India may appoint in the matter of
has the power to
Besides, the President the High Court.

appoint: Conditions of Service

temporary period High Courts
(i) additional
judges for a clearance Service conditions of the judges of independent
exceeding two years, for the
Court;
are
ensure that the High Courts the Legislative
not
work in a High work from
of arrears of permanent in carrying out their of the government.
Judge, when a Justice) is and the Executive wings
(1) an acting
Judge (other than the Chief 225

Courts
High Courts and Subordinate
The
 A. Retirement, Removal and Transter get a pension. The salaries and
1. A Judge of a High Court enjoys security
of tenure and can remain in office till he/she
of the Judges cannot be
disadvantage during the COurse
changed allowancestheir
to
of their
SI.
No
has attained the age of 62 years. Neither an service except during the period of a
additional nor an acting Judge can hold office Emergency. The salaries and
the Judges of a High Court are
Financiaofl
allocharged
wances 2.
beyond the age of 62 years.
the Consolidated Fund of the State. So on 3.
A judge of a High Court can be removed cannot be voted upon by the State these
by the President on the ground of "proved
misbehaviour or incapacity" on an address of C. Restrictions on Practice
Legislature. 4.

5.
each House of Parliament. Such an address A Judge who has worked as. a permmanent 6
(request) should be supported by a majority of a High Court can practise after his Judge
of the total membership of the House and by
two-thirds of the members present and voting.
only in the Supreme Court or ret
inirement
those
7

High Courts where he/she has not served

This procedure is known as impeachment and
a judge. He/She is prohibited from
in other courts or judicial tribunals. practising
is the same as that for a judge of the Supreme
Court. In August 2011, Justice Soumitra Sen
of the Calcutta High Court became the first D. Other Conditions
Judge in India's history against whom an
impeachment motion' was passed in the Rajya (i) A Judge may resign his/her office by
Sabha. Justice Sen was charged with misappro writing, under his/her hand, addressed
priation of public funds. However, Justice Sen to the President.
escaped impeachment as Lok Sabha dropped (ii) The office of a Judge of a High Court shall
the proceedings against him when he resigned be vacant when he/she is appointed by the
from his post as Calcutta High Court Judge. President to be a Judge of the Supreme
2. The President can transfer any Judge Court or when he/she is transferred to
from one High Court to another only if the any other High Court.
following conditions are fulfilled:
() orders for transfer can be issued after POWERS AND JURISDICTION OF
consulting the Chief Justice of India, HIGH COURT
(ii) the Chief Justice of India's recommendation The jurisdiction of a High Court of a State
must be made in consultation with four extends to the territorial limits of that State. If
seniormnost judges of the Supremne Court, there is a common High Court for two or more
(iii) the views of the Chief Justices of the High States or Union Territories then the jurisdiction
Courts one from which the transfer is of such a court extends to the territorial limits
of the States or the Union Territories.
taking place and another to which the
transfer is to be effected must also be
obtained, and
Original Jurisdiction
High Courts have original jurisdiction, that
(iv) when a judge has been transferred, he/ IS, the power to hear and decide cases at the
she shall be entitled to compensatory first instance. It has original jurisdiction in the
allowance in addition to his/her salary.
following cases:
B. Salaries and Emoluments of Judges (1) It has original jurisdiction over matters
The Chief Justice of a High Court and other relating to State revenue and its collection.
Judges of the High Court are paid a monthly (11) Cases regarding wills, divorce, marriag°
salary, as decided by the Parliament. They Company law and contempt of court
are entitled to a rent-free accommodation
and other allowances. After retirement, they
may be referred or brought before the
High Court directly.
226
Total History & Civics-10
 Name of the High Seat The High Courts
No. Court of the
Allahabad Court
1.
Andhra Pradesh AlAmaravati
lahabad (Bench at Lucknow) Territorlal Jurisdiction
2.
Bombay (Mumbaij) Uttar Pradesh
3
Mumbai
Panaji and(Benches at
Aurangabad)
Nagpur,
Andhra Pradesh
Calcutta (Kolkata) Maharashtra, Dadra & Nagar
4
Chhattisgarh Kolkata (Bench at Port Daman and Diu and Goa, Haveli and
5
Delhi Bilaspur Blair) West Bengal, Andaman and Nicobar Islands
6. New Delhi
Gauhati Chhattisgarh
7.
Guwahati
Aizawl and(Bench
Itanagar)at Kohima,
National Capital Territory of Delhi
Assam, Nagaland, Mizoram, Arunachal
8 Gujarat
Himachal Pradesh Ahmedabad Pradesh
9
Shimla Gujarat
10. Jammu & Kashmir Himachal Pradesh
and Ladakh Srinagar, Jammu Jammu & Kashmir and Ladakh
11. Jharkhand
Ranchi
12. Karnataka Jharkhand
Bengaluru (Benches at Hubli Karnataka
13. Kerala
Dharwad and Gulbarga)
Kochi
14. Madhya Pradesh Kerala and Lakshadweep
Jabalpur (Benches at Gwalior Madhya Pradesh
and Indore)
15. Madras Chennai (Bench at Madurai) Tamil Nadu, Puducherry
16.Manipur Imphal Manipur
17. Meghalaya Shillong Meghalaya
18 Orissa Cuttack Odisha
19 Patna Patna Bihar

20. Punjab and Haryana Chandigarh Punjab, Haryana, Chandigarh

21. Rajasthan Jodhpur (Bench at Jaipur) Rajasthan
22 Sikkim Gangtok Sikkim
23 Hyderabad Telangana
Telangana
Agartala Tripura
24. Tripura Uttarakhand
25 Uttarakhand Nainital

of Parliament or a member of the State

interpret
(1) Every High Court has the power toknown as Legislative Assembly or other local bodies.
is
the Constitution. This power Appellate Jurisdiction
Review.
the power of Judicial Appellate Jurisdiction of High Court means
Supreme Court, it enjoys
) Along with the for the
enforcement that the High Court has the power to accept
Onginal jurisdiction appeals against the decisions of District Courts.
by the
Rights guaranteedwrits
of Fundamental issue
for in civil as well as criminal matters.
It can also
Constitution. Rights.
enforcement of Fundamental Civil Cases
the jurisdiction decided by
has original Only those civil cases which are
(v) The High Court petitions jurisdiction of
such as. election Members the District Courts under the
1 cases election of the
Challenging the 227

Subordinate Courts
and
The High Courts
the High Court concerned, can be brought to violation of the principles of 1 t o Wil
the High Court by an appeal. Appeals can be
brought to the High Court:
arbitrary authority
judgements.
naturaljustWIicOe.ng
leading to
Conter

for er
petiti
(i) in matters concerning land revenue, and flagrant error in procedure. MLAS
(ii) in cases where a blatant injustice has
been committed by any Tribunal. In such Judicial Review On
cases, the High Court may quash the acce
Like the Supreme Court,the High Court has the Cou:
order of the Tribunals. Review. If any
power of Judicial law,
executive disc
order or any ordinance passed by the
Criminal Cases
Legislature or any other authority
State Enfc
In criminal cases appellate jurisdiction consists
of appeals:
the Fundamental Rights or contravenes
any
infringes (Po
Judge provision of the Constitution, the High Court All
(i) Against the judgement of a Sessions
Judge, where
can declare it null and void'. The High Court WI
or an Additional Sessions may withdraw a constitutional case from a
the sentence of imprisonment exceeds
au
Subordinate Court and deal with it or send
seven years.
Assistant it back with its directions. th
(ii) Against the judgements of an
Sessions Judge, the Chief Metropolitan The42nd Amendment Act, 1976, introduced P

Magistrate or other Judicial Magistrates, provisions, where the power of the High Court
where the sentence of imprisonment to judge the constitutionality of a State law
exceeds four years. was withdrawn during the mergency. But
order of
(ii) Against the State, when the with the repeal of certain parts of the 42nd
acquittal is passed by a Sessions Judge. Amendment, the High Courts regained their
(iv) A sentence of death must be
confirmed by powers of considering the Constitutional validity
the High Court before it can be carried out. of any State law or executive order or ordinance.
Advisory Jurisdiction Court of Record
The High Courts can advise any government The High Court is a "Court of Record" like the
department, legislature or the Governor, if they Supreme Court. It means :
seek it, on constitutional as well as on other
matters of law. Their advice is not binding on (i) Its judgements and orders are preserved
the agency seeking such advice. as a record to be referred to byits courts
in future cases. They can be produced as
Revisory Jurisdiction precedents. The law laid down by the High
Revisory Jurisdiction means that the High Court Court is binding on all subordinate courts
can call for the record of a case which has in the State concerned. But it does not
been decided by a subordinate court. This is bind the other High Courts, although it s
done because the High Court feels that the of great significance and can be produced
Subordinate Court has exercised a jurisdiction in support of an argument.
not vested in it or the latter has not followed who
proper procedure. Therefore, the High Court (ii) The High Court can punish anyone
can review the case and take appropriate commits a contempt of its orders.
action on it. This is known as the Revisory
Jurisdiction of the High Court. FUNCTIONS OF THE HIGH COURT
A revisory jurisdiction is applicable in the Settlement of Disputes
following cases: ljurisdiction
j
Original: The High Court has originalrevenue and
injustice or an error of law apparent on to settle disputes relating to State related
the face of the record. its collection; to hear directly cases
Civics-10
228 Total History &%
 divorce,
mwill,
contemptof(
fCourt; to marriage, company law and
enforcement of interpret the Constitution;
2. Administrative Functions
petitions related to the Fundamental
election ofRights;
the
and As the head of the State Judiciary, the High
COurt has administrative control over the
MLAsand other local bodies. MPs, subordinate judiciary in the State in respect
Appeal: The High Court has of certain matters. besides its appellate and
on appeals
against the
the power to supervisory jurisdiction over them. Such powers
accept
Courtsin both the civil and
decisions
of District include control over District Judges, Judges of
discussed earlier in the criminal cases as the City Civil Courts, Metropolitan Magistrates
chapter. and members of the judicial service of the State.
Enforcement of Fundamental Rights
Writs) 1ne appointment, posting and prormotion
(Power to lssue of District Judges shall be made by the
All the High Courts are empowered to issue Governor in consultation with the Judges
writs'. A writ is an order from a judicial of the High Court.
authority asking a person to perform some act 2. The High Court and the State Public
or refrain from performing an act. The writs Service Commission are consulted by the
that are issued are Habeas Corpus, Mandamus, Governor in appointing persons to tne
judicial service of the State.
Prohibition, Quo Warranto and Certiorari. These
courts
writs are greatly instrumental in the protection of 3. High Court's control over lower
extends to matters Such as:
Bundamental Rights of the citizens. The nature
on
and scope of these Writs has been explained (i) recall of District Judges who are
in the previous chapter, which deals with the deputation,
jurisdiction of the Supremne Court. (ii) transfer of District Judges, and
perSons
*OTHER FUNCTIONS (iii) promotions and confirmations of
belonging to the judicial service of the
inferior to the
1. High Court's Power of Superintendence State and holding a post,
post of District Judge.
The Constitution provides for superintendence of
tribunals
every High Court over all courts and INDEPENDENCE OF THE HIGH COURT
throughoutthe territories under its jurisdiction. carrying
Under this power the High Court may: The independence of the High Courts in
providing secrity
courts; out their work is ensured by
(i) call for returns from such and allowances
of tenure and security of pay
rules and prescribe refer to the heading
(ii) make and issue general to the Judges. (For details
forms for regulating the
practice and Conditions of Service in this Chapter).
is
proceedings of such courts; Besides, the independence of High Courts
measures:
which books, entries, ensured by undertaking the following
(i) prescribe forms in kept by officers of procedure of work
and accounts shall
be (i) Full control over its
and establishment.
such courts; and
allowed to the person for
settle tables of fees to be (ii) The High Court can punish a
(1v) and officers of such contempt of court if its authority is lowered.
sheriff and all clerks and
attorneys, advocates (ii) No discussion in the State
Legislature on
COurts and to
pleaders practising therein. the conduct of High Court Judges.
Court do retirement
However, such powers of the High
constituted by (iv) Prohibition on practice after
court or tribunal for Judges.
not extend to any Forces.
law relating to the Armed
Or under any 229

Subordinate Courts
Courts and
1ne High
*For Information only
 Revenue Courts
Te
The Civil Courts Criminal Courts Th
Board of
District Judge or the Additional Sessions Judge's or Additional
Revenue J
District Judge's Court Sessions Judge's Court
CO
of
Court of Civil Judge Chief Metropolitan Magistrate Cormmissioner's Court Ju
ot

Collector's Court
Munsif's Court or Court of Sub-Judge Metropolitan Magistrates

Second Class Judicial Magistrates Tehsildar's Court CO

Courts of Small Causes
A
Subordinate Courts

.Judicial Service of the Union or the State Publie

SUBORDINATE COURTS Service Commission.

Structure and Composition Usually, the District Judge also acts as a h

Subordinate Courts are the courts, which Deputy Commissioner and District Collector I t
function at the district level and below. Therefore, that capacity, he maintains law and order as t
all the courts in India except the Supreme Court well as supervises the collection of revenue
and the High Courts, are subordinate courts. and taxes from the district. Thus, he possesses
The organisation and structure of the administrative power in addition to his judicial
Subordinate Courts are generally uniform power.
throughout the country. For the purpose of
judicial administration every State is divided 2. Court of Civil Judge
into a number of districts, each under the The next cadre is designated as Civil Judge.
jurisdiction of a District Judge. Every district This post is sometimes combined with the post
has Civil Courts, Criminal Courts and Courts of Chief Judicial Magistrate and can try cases
of Revenue. punishable with imprisonment for seven years
and fine.
Civil Courts
Civil courts exercise jurisdiction in the cases 3. Munsif's Courts
related to land, property and money transactions; A Munsif is authorised to deal with civil cases
arbitration; guardianship; marriages; divorce; invoBving not more than 20,000. Appeals
and cases involving a Will. These courts are against their decisions lie with the Civil Judge
graded in the following manner: who is the next higher authority.
1. The Court of the District Judge There are several civil courts working under
the District Judge such as the Court of the
It is the principal or the highest court of the Subordinate Civil Judge (First Class), the Court
district. It decides both civil and criminal cases.
of Sub-Judge (also known as a Munsif) and
When a judge decides civil cases he is called Courts of small causes.
the District Judge and when he decides criminal
cases he is called the Sessions Judge. In some 4. Courts of Small Causes
districts Additional Judges are appointed by the These petty courts are headed by the juniormost
Governor in consultation with the Chief Justice Magistrates and have jurisdiction in cases where
of the High Court of the concerned State. the value of the subject matter is small. There
In order to be a District Judge or an can be no appeal against their decisions.
Additional Judge a person should be an advocate The value of suits are fixed by the State
of seven years' standing or an official in the Government from time to time.

230
Total History & Civics-10
fermofOifice
Classification of Criminal Courts
District Judge and the Procedure (1973)
the are appointed by the
Judge Additional Districtin
Governor ACcording the Code of Criminalcriminal courts of
shall be
consultation with the Judges of n every state there
High Court
the
concerned State. Except the District the following classes:
Judgeandthe
of Additional District Judge, all (i) Courts of Sessions;
otherjudges are appointed through competitive Magistrates of the First Class
(1) Judicial
examinations held by State
Public Service and in anyMetropolitan area Metropolitan
Commission. Magistrates;
of the Second Class;
The ru.les regarding the transfer, leave and (111) Judicial Magistrates
conditions of service of the District Judge and (iv) Executive Magistrates.
Additional District Judge are formulated by the criminal
HighCourt. Sessions Court: It is the highest
it is presided over
court of the district. Usually
Administrative Control: The District is called the District
Judge by the District Judge, whoSessions Court deals
exercises administrative control Over all and Sessions Judge. The
Civil Courts in the district. The civil courts serious offences
with cases concerning more murder. The
have no jurisdiction to try matters pertaining such as robbery, dacoity and alone can
agricultural land. Such cases are heard by
to Revenue Courts. Sessions or Additional Sessions Judge
the imprisonment. lt
award death sentences or life
sentence of death must
Appeals: Appeals from the decree or order of 1S mandatory that a
Court before it is
acourt lie in the next higher court. Therefore. be confirmed by the High
whether an appeal
an appeal from the decree or order of the Small carried out irespective of
Cause Court lies to the court of Sub-Judge or is made to the High Court or not.
Magistrate or
Munsif. Appeals from orders of the Sub-Judge Court of Chief Metropolitan
lie to the Court of the Civil Judge (First Class). Chief Judicial Magistrate: These Magistrates
cannot
they
The appeals from the orders and judgements of deal with less serious offences and for
District imprisonment
the District Courts and the Additional pass a sentence of death or of
imprisonment
Courts lie to the High Court. life. They can pass a sentence of
only up to seven years.
Criminal Courts
Court of the First Class Magistrates:
Criminal Courts exercise jurisdiction in cases These Magistrates take up less serious cases
related to murder, robbery, theft, assault, etc.
COURT
DISTRICT JUDGE AND SESSIONS
DIFFERENCES BETWEEN COURT OF THE
Sessions Court
Court of the District Judge
the district. 1. It is highest criminal court of the district.
1. It is the highest civil court of
2. It is presided over by a Sessions Judge.
District Judge.
2. It is presided over by a 3. The Sessions Judge and the Additional Sessions
the Additional District
3. The District Judge and Judges are appointed by the Governor in
the Governor in
Judges are appointed byJustice of the High consultation with the Chief Justice of the High
Consultation with the Chief Court of the concerned State.
Court of the concerned State. 4. The Sessions Judge decides criminal cases like
decides civil cases related to
*. The District Judge transactions, arbitration, murders, theft, dacoity, pick-pocketing, etc.
land, property, money divorce and will.
guardianship, marriage,
Commissioner 5. The Sessions Judge does not perform any
acts as a Deputy
V The District Judge and in this capacity he/
administrative functions.
and District Collector
order and supervises the
She maintains law and district.
taxes in the
Collection of revenue and

231
Subordinate Courts
e High Courts and
 and can award imprisonment up to three years to the
assessment of the
or a fine of 5,000 or both. They can hear property taxes from land revenue
appeals against the decisions of lower courts. their assessments can be farmers.
taken toAppeals
the agains
Court of the Second Class Magistrates:
These Magistrates deal with comparatively,
less serious criminal cases and can
sentence
not more than
LOK ADALATS
Lok Adalat means People's
Court.
Tehsidar.
a person to imprisonment for alternative dispute redressal It is an
two years or impose a fine of 1,000 or both.
mechanism
disputes/cases pending in the court of whexe
at pre-litigation stage are settled
Appeals
As the Indian judicial system is a single
the recommendation of Justice
Lok Adalats were set up by P.N. On amicaBhbiayg.wai,
integrated system of courts, appeals can be made Legal Services
Authorities Act, 1987 as alegal
in higher courts against orders of lower courts. forum
legal aid and quick justice to thoseto provide
The Sessions Judge hears appeals against the not in a position to engage who0r are
lawyers
judgement of the Chief Metropolitan Magistrate the expenses of legal proceedings. There i bear
or Chief Judicial Magistrate. Appeals against court fee payable when a matter is fled
judgement of Sessions Courts are permitted to Lok Adalat. The Legal Services Authorities inAa
the High Court. (1987) provides that State or district
*COURTS OF REVENUE shallorganise Lok Adalats from time to time Atcauthorities
decisions of the Lok Adalats shall be deemed t
These Courts deal with cases relating to the be decrees of a Civil Court and shall be binding
maintenance of land records and the assessment on the parties to the dispute. Main condition of
and collection of land revenue. the Lok Adalat is that both parties in a dispute
1. Board of Revenue: It is the highest should agree for a settlement.
authority in the field of revenue in a State.
It works directly under the High Court. It Voluntary organisations organise such courts
hears appeals against the decisions of all the in places like factories, farms, commercial
Lower Courts of Revenue that come under its complexes and neighbourhood of the litigants
jurisdiction. to settle disputes in a spirit of harmony and
2.Commissioner's Court: A Commissioner compromise. Cases are settled informally and
cordially with the involvement of conflicting
generally has three to four Deputy Commissioners parties. Lok Adalats also resolve cases which
under him. He/She looks after the assessment
and collection of revenues of all districts in a have not yet gone to any COurt.
particular division. The Lok Adalats serve the following purposes:
3. Collector's Court: This court is
generally () to provide legal aid and quick justice
headed by the Deputy Commissioner of the those who are not in a position to engage
District. He/She helps the revenue department lawyers;
in the process of assessment and collection of
revenue in addition to his/her original duties
as the administrator of the district.
He/She
hears first appeals against the decision of the
Tehsildar.
4. Tehsildar's Court: A Tehsildar is
responsible for the collection of the revenue and
property taxes as assessed by the Naib
Tehsildars.
5. Naib Tehsildar's Court: This is the
lowest court. Naib Tehsildars hear cases relating
AcCES JUSTICE
FOR

Logo of Lok Adalat

232
Total History &% Civics-10
*For Information only
 i)torelieve the courts of heavy backlog of
cases; and
nd
st üi)to eliminate high costs and delays in
Ar, imparting justice.
Adalats
TVpes of Lok
National Lok Adalat: National Lok Adalats are
re regular intervals where on a single day
held at
Adalats are held throughout the country, in
Lok courts
n all the
right from the Supreme Court till
i. Taluk Level. Here cases are disposed off in
the
numbers. From February 2015, National
huge
are being held on a specific subject
Lok Adalats
matter every month. Lok Adalat
e
minor cases of assault
Permanent Lok Adalat: Permanent Lok the neighbours and
Section 22-B and injury by settling the disputes through
Adalats are organised under Adalats work in
Act, 1987. compromise. Since the Lok understanding,
of the Legal Services Authorities permanent the spirit ofcompromise
and
These adalats have been set up as both the parties feel
satisfied.
members for
bodies with a Chairman and two fast and inexpensive
providing compulsory pre-litigative mechanism (i) Lok Adalats deliver move Lok Adalat by
settlement of cases relating
for conciliation and Justice. Any person can paper or using the
plain
postal,
to Public Utility Services like transport,to reach an application on a Legal Service Authorities
parties fail format available with
telegraph, etc. Here, even if the Adalats have the
Permanent Lok and expect speedy justice.
a settlement, the proided, the Adalats reduce the workload of
jurisdiction to decide the dispute,
offence. Further,
(iüi) The Lok
courts enabling them
to deal with
dispute does not relate to any other
This reduces delays
Permanent Lok Adalat is final more serious matters.
the Award of the in higher courts.
parties.
and binding on all the social justice by
Mobile Lok Adalats: These
adalats are (iv) Lok Adalats promote weaker sections of
the country in providing legal aid to
organised in various parts offrom one location society.
Multi-utility Vans which travel
petty cases and to spread Scope of Lok Adalats
to another to resolve Adalats has now become
the people. The system of Lok
legal awareness among government departments
so popular that variousDepartment, Traffic and
Working of Lok Adalats like the Telephone
public workers or social the Electricity Boards have
begun to hold Lok
Judges, law graduates,
litigants about their rights cases in a single day.
Workers inform the Adalats are Adalats solving hundreds of
duties. The judges of the Lok assisted It is the need of the hour that
Lok Adalats are
and These Adalats are Action jurisdiction
actually conciliators.
Committees and Social organised more frequently and their
cases pending
Dy Legal Aid
the people about by
legal is expanded. There are lakhs of These courts
Groups which advise cases in different courts all over
India.
them to solve the the settlement of
matters and help Thus, they try to
bring can play important role in
neighbours
utual participation. parties. family feuds, disputes between the
agreement between the injury. Weaker
COnpromise or Junagarh and minor cases of assault and or
the delay
Lok Adalat was held at sections of society cannot afford The
The first procedures.
14, 1982. the costs involved in court
n Gujarat on March institution of Lok Adalat tends to
promote
permanent Lok
Advantages of Lok Adalatsimportant role in the social justice as in Delhiwhere settlement
play Adalats have already been set up for
! Lok Adalats familyfeuds,disputes between
of
settlerment 233

Subordinate Courts
The High Courts and
of all pending disputes concerning Delhi to marriage and family affairs. The Act
Development Authority, Mahanagar Telephone that Family Courts would
having a population of
besetup provides
more than in cities
Nigam, Municipal Corporation and National
recommendation 10
madelakh.by
Insurance Co. Ltd. However, based on the
the Parliamentary Committee on
Family Courts Women, al1 the State Empowernent
Government
set-ups/UoneT
of
The Family Courts Act (1984) was enactedto Administrations have been asked to
secure speedy settlement of disputes relating Family Court in each district of the
Country.
CHAPTER ATAGLANCE
High Court at the head of the judicial hierarchy of the state. There are 25 High Courts in India
Composition
Each High Court consists of a Chief Justice and such other judges as the President may determine
from time to time.
The Chief Justice and the other judges of the High Court are appointed by the President.
Appointment of Judges
The Chief Justice of a High Court is appointed by the President of India in consultation with the
Chief Justice of the Supreme Court and the Governor of the concerned State.
Other Judges of a High Court are appointed by the President. The President shall consult the
Chief Justice of India, the Governor of the State and the Chief Justice of the High Court in the
matter of appointment of a Judge to the High Court.
Qualifications for Appointment as a Judge
º (i) be a citizen of India; (ii) have held a judicial office for at
least 10 years; or (iii) have been an
advocate of a High Court or Courts for at least 10 years.
Conditions of Service
The judges of the High Court can hold office till the age of 62
be removed by the President on grounds of proved
years. A judge of a High Court can
misbehaviour
passes a resolution with a special majority to that effect.
or incapacity if the Parliament
Powers and Jurisdiction of High Court
original jurisdiction over those cases in which the High Court has
cases at the first instance. authority to hear and decide
appellate jurisdiction to accept appeals against the decisions of District
criminal matters. Courts, in civil as well as
advise any government department, legislature or the Governor, if
they seek it., on matters of law.
RevisoryJurisdiction can call for the record of a case which has been
decided by a subordinate court.
Judicial Review can declare any provision of the
the Fundamental Rights or Constitution as null and void if it infringes
contravenes any provision of the Constitution.
º is a Court of Record like the Supreme Court.
Functions of High Court
High Courts have original as well as appellate
jurisdiction in the settlement of disputes.
High Courts can issue writs (Habeas Corpus, Mandamus, Quo
for the enforcement of Fundamental Rights. Warranto, Prohibition and Certiorar)
Subordinate Courts: Every State has three types of Courts
(iii) Courts of Revenue. 0) Civil Courts, (i) Criminal Courts and
Civil Courts exercise jurisdiction in the cases related to
land, property and money transactions,
arbitration, guardianship, marriages, divorce and cases involvinga Will. These include: () The Court
of the District Judge; (ii) The Court of Civil Judge; (iii) A
Munsif's Court; (iv) Court of Small CauseS.