Subordinate Courts and Alternative Dispute Resolution

The subordinate courts - also referred to as lower courts - form the base of the state judicial pyramid, functioning beneath the High Court at district and lower levels. Their organisation and independence from executive interference are secured through Articles 233 to 237 in Part VI of the Constitution.

Key Constitutional Provisions

Appointment of District Judges (Article 233) The Governor of the state appoints, posts, and promotes district judges in consultation with the High Court. Eligibility conditions are:

• The candidate must not already be a central or state government servant.
• Must have practised as an advocate or pleader for at least seven years.
• Must be recommended by the High Court.

Note: The 20th Constitutional Amendment Act, 1966 added Article 233-A to retrospectively validate certain district judge appointments and judgments delivered by them.

Appointment of Other Judicial Officers (Article 234) Persons other than district judges entering the state judicial service are appointed by the Governor after consulting both the State Public Service Commission and the High Court. In practice, the SPSC conducts a competitive examination for such recruitment.

Control over Subordinate Courts (Article 235) The High Court exercises control over district courts and all courts inferior to them, including control over the posting, promotion, and leave of judicial officers below the rank of district judge.

Interpretation (Article 236)

• 'District Judge' includes: city civil court judge, additional/joint/assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge, and assistant sessions judge.
• 'Judicial service' means a service composed exclusively of persons filling the post of district judge and all inferior civil judicial posts.

Application to Magistrates (Article 237) The Governor may extend the above provisions to any class of magistrates in the state.

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Each state determines its own organisational structure, nomenclature, and jurisdiction for subordinate courts. They differ slightly across states, but broadly follow three tiers below the High Court.

Court Hierarchy

High Court
    |
District & Sessions Judge's Court
    |                    |
(Civil Side)        (Criminal Side)
    |                    |
Subordinate          Chief Judicial
Judge's Court        Magistrate's Court
    |                    |
Munsiff's Court      Judicial Magistrate's Court

District and Sessions Court (Apex of District Judiciary)

• The District Judge is the highest judicial authority within the district.
• He holds original and appellate jurisdiction in both civil and criminal matters.
• The same judge is called the District Judge when hearing civil cases and the Sessions Judge when hearing criminal cases.
• He exercises both judicial and administrative powers and has supervisory authority over all courts within the district.
• Appeals against his orders lie to the High Court.
• The Sessions Judge may impose any sentence, including life imprisonment and capital punishment. However, a death sentence requires confirmation by the High Court, regardless of whether an appeal is filed.

Second Tier Courts

Lowest Tier Courts

Special Courts in Cities

• Metropolitan cities: City Civil Courts (chief judges) on the civil side; Courts of Metropolitan Magistrates on the criminal side.
• Small Causes Courts: Established in some states and former presidency towns (Delhi, Bombay, Calcutta, Madras); decide small-value civil suits summarily. Decisions are final, but the High Court retains revisionary powers.
• Panchayat Courts: In some states, they try petty civil and criminal cases. Known variously as Nyaya Panchayat, Gram Kutchery, Adalati Panchayat, or Panchayat Adalat.

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Constitutional Backing

• Article 39A: Mandates free legal aid to the poor and weaker sections to secure justice for all.
• Articles 14 and 22(1): Impose an obligation on the State to ensure equality before law and a legal system that promotes justice on equal opportunity.

Statutory Framework

The Legal Services Authorities Act, 1987 (operative from 9th November 1995) established a nationwide network for providing free legal services. NALSA was constituted under this Act to monitor, evaluate, and set policy for legal aid programmes.

Institutional Network

• National Level: NALSA
• State Level: State Legal Services Authority
• High Court Level: High Court Legal Services Committee
• District Level: District Legal Services Authority
• Taluk Level: Taluk Legal Services Committees
• Supreme Court: Supreme Court Legal Services Committee

Core Functions

1. Providing free and competent legal services to eligible persons.
2. Organising Lok Adalats for amicable dispute resolution.
3. Holding legal awareness camps in rural areas.

Free Legal Services Include

• Payment of court fees and process fees.
• Legal representation by advocates.
• Supply of certified copies of court orders/documents.
• Preparation of appeals, paper books, and translation of documents.

Eligible Beneficiaries

• Women and children
• Members of SC/ST communities
• Industrial workmen
• Victims of mass disasters (floods, earthquakes, industrial accidents, violence)
• Persons with disabilities
• Persons in custody
• Persons whose annual income is below Rs 1 lakh (Rs 1.25 lakh for the Supreme Court Legal Services Committee)
• Victims of trafficking or bonded labour (begar)

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Concept and Origin

Lok Adalat (meaning 'People's Court') is a forum for amicable resolution of disputes that are either pending in court or at the pre-litigation stage. It is rooted in Gandhian principles and is a component of the Alternative Dispute Resolution (ADR) system.

The first post-independence Lok Adalat camp was held in Gujarat in 1982. After proving successful, the institution was given statutory status under the Legal Services Authorities Act, 1987. Before this, it functioned as a voluntary conciliatory body without legally binding awards.

Organisation

• Can be organised by the State/District Legal Services Authority, Supreme Court/High Court/Taluk Legal Services Committee.
• Each Lok Adalat typically consists of a judicial officer as chairman, along with a lawyer (advocate) and a social worker as members.

Jurisdiction

• Cases pending before any court.
• Disputes at the pre-litigation stage (before approaching a court).
• Covers: matrimonial/family disputes, compoundable criminal offences, land acquisition cases, labour disputes, workmen's compensation, bank recovery, pension matters, housing disputes, consumer grievances, electricity and telephone bill disputes, municipal matters, etc.
• Excluded: Offences that are non-compoundable under any law fall entirely outside Lok Adalat jurisdiction.

Referral to Lok Adalat

A pending court case can be referred if:

1. Both parties agree to settle through Lok Adalat; or
2. One party applies to the court for such referral; or
3. The court itself is satisfied it is an appropriate case.

For pre-litigation disputes, any party may apply directly to the organising agency.

Powers of Lok Adalat

A Lok Adalat has the same powers as a Civil Court under the Code of Civil Procedure (1908) regarding summoning witnesses, examining them on oath, producing documents, receiving evidence on affidavit, and requisitioning public records.

All Lok Adalat proceedings are deemed judicial proceedings under the IPC, and the Lok Adalat is deemed a Civil Court for purposes of the CrPC.

Award: Key Features

• The award is deemed a decree of a Civil Court (or order of another court).
• Final and binding on all parties.
• No appeal lies to any court against a Lok Adalat award.
• No court fee is charged; if already paid, it is refunded upon settlement.

Benefits (as summarised by the Supreme Court)

1. No court fee; refund if already paid.
2. Flexible procedure - CPC and Evidence Act not strictly applied.
3. Direct interaction between parties and the judge.
4. Non-appealable, final award - avoids further litigation delays.

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Established through a 2002 amendment to the Legal Services Authorities Act, 1987, to address cases related to public utility services.

Why Established

Regular Lok Adalats depend entirely on compromise between parties. If no settlement is reached, the dispute returns to regular courts, causing delay. Permanent Lok Adalats were created to handle public utility disputes more decisively, with the power to decide on merits if conciliation fails.

Composition

• One Chairman (a sitting or retired district judge, additional district judge, or higher judicial officer).
• Two members with adequate experience in public utility services.

Jurisdiction

Covers public utility services including:

• Passenger/goods transport by air, road, and water
• Postal, telegraph, and telephone services
• Supply of power, light, or water
• Public conservancy or sanitation
• Hospital or dispensary services
• Insurance services

Pecuniary limit: Up to Rs 10 lakhs (extendable by the Central Government).

Excluded: Non-compoundable offences.

Key Procedural Feature

• Once an application is made to the Permanent Lok Adalat, no party can approach a regular court on the same dispute.
• If parties reach a settlement, an award is passed in those terms.
• If parties fail to agree, the Permanent Lok Adalat decides the dispute on merits - unlike regular Lok Adalats.
• Award is final, binding, and decided by majority.

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Established under the Family Courts Act, 1984, to provide specialised, conciliation-focused courts for matrimonial and family disputes.

Reasons for Establishment

• Women's organisations and civil society demanded specialised courts for family disputes with emphasis on conciliation.
• The Law Commission's 59th Report (1974) recommended a radically different approach for family disputes.
• Despite CPC amendments in 1976, regular courts continued treating family matters like ordinary civil disputes.

Objectives

1. Create specialised courts with expertise in family matters for expeditious resolution.
2. Institutionalise a conciliation mechanism for family disputes.
3. Provide inexpensive remedies.
4. Ensure flexibility and an informal atmosphere in proceedings.

Key Features

1. Family Courts are established by State Governments in consultation with the High Court.
2. It is mandatory to establish a Family Court in every city/town with a population exceeding 10 lakh (one million).
3. State Governments may also establish Family Courts in other areas.
4. Jurisdiction covers:
   • Matrimonial relief (nullity, divorce, judicial separation, restitution of conjugal rights, declaration of marital status)
   • Property disputes between spouses
   • Declaration of legitimacy of a person
   • Guardianship or custody of minors
   • Maintenance of wife, children, and parents
5. The court must first attempt reconciliation before proceeding to trial; during this stage, proceedings are informal.
6. Social welfare agencies, counsellors, medical, and welfare experts may be associated.
7. Parties are not entitled as of right to legal representation; however, the court may seek assistance of a legal expert as amicus curiae.
8. Rules of evidence and procedure are simplified.
9. Only one right of appeal, which lies to the High Court.

Establishment (as of 2016)

A total of 438 Family Courts were functional across the country. Uttar Pradesh (76) and Madhya Pradesh (44) have the highest numbers.

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Established under the Gram Nyayalayas Act, 2008 to bring justice to citizens at the grassroots level.

Constitutional and Policy Basis

• Article 39A mandates legal system access for all.
• The Law Commission's 114th Report specifically recommended Gram Nyayalayas for speedy, inexpensive justice in rural areas.

Key Features

1. Each Gram Nyayalaya functions as a Court of Judicial Magistrate of the First Class.
2. The presiding officer (Nyayadhikari) is appointed by the State Government in consultation with the High Court.
3. Established for every Panchayat at intermediate level, or a group of contiguous Panchayats at that level.
4. Nyayadhikaris receive the same salary and powers as First Class Magistrates working under High Courts.
5. It is a mobile court with powers of both Civil and Criminal courts - it travels to villages to dispose of cases.
6. Follows summary procedure in criminal matters.
7. Tries cases specified in the First and Second Schedules to the Act (both Central and State Governments can amend these schedules).
8. Aims to settle disputes through conciliation using appointed conciliators.
9. Not bound by the Indian Evidence Act, 1872; guided instead by principles of natural justice and High Court rules.
10. Judgments are deemed decrees and summary procedure is used for execution.
11. Appeals: Criminal appeals -> Court of Session (to be disposed within 6 months); Civil appeals -> District Court (within 6 months).
12. Provision for plea bargaining by accused persons.

Funding

The Central Government funds non-recurring costs up to Rs 18 lakh per Gram Nyayalaya: Rs 10 lakh for construction, Rs 5 lakh for vehicle, Rs 3 lakh for equipment. Over 5,000 Gram Nyayalayas are planned, requiring ~Rs 1,400 crore in central assistance.

Ground Reality (as of 2016)

Only 291 Gram Nyayalayas notified, 175 functional. Key challenges include:

• Reluctance of police and state functionaries to invoke their jurisdiction.
• Lukewarm response from the Bar.
• Non-availability of notaries and stamp vendors.
• Problems of concurrent jurisdiction with regular courts.
• Most states have set up regular courts at taluka level, reducing urgency.

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Key Distinctions

Common Exam Traps

• A death sentence by Sessions Judge must be confirmed by the High Court - even without an appeal.
• Lok Adalats cannot deal with non-compoundable offences.
• Family Courts: parties are not entitled as of right to legal representation.
• Gram Nyayalayas are not bound by the Indian Evidence Act.
• NALSA was constituted under the 1987 Act but came into force on 9th November 1995.
• The first Lok Adalat (post-independence) was held in Gujarat in 1982.
• Article 39A is the constitutional anchor for both NALSA and Gram Nyayalayas.