Indian Polity – Class 19

Topics Covered:
1. Jurisdiction and powers of the HC
2. Subordinate Courts
3. National Legal Service Authority
4. Lok Adalat
5. Gram Nyayalayas
Ganesh Kumar. M
 Jurisdiction and powers of the HC

1) Territorial Jurisdiction:
- Jurisdiction of HC is co-terminus with the territorial limits
of that state. Except if that HC jurisdiction extend by means of
shared HC.
2) Ordinary Jurisdiction:
- Our constitution does not make any provisions relating to
the general jurisdiction of the HC but maintained its jurisdiction at
the commencement of the constitution. In addition to it HC
jurisdiction dealt over revenue matters.
- The existing jurisdiction of HC are governed by the letter
patent, central and state acts; In particular their civil and criminal
jurisdiction are primarily governed by the two code of civil and
criminal procedure. Eg. Bharatiya Nyaya (Second) Sanhita,
Bharatiya Nagarik Suraksha.
At present HC enjoys following Jurisdiction:
1. Original Jurisdiction
2. Writ
3. Appellate
4. Supervisory
5. Jurisdiction over administrative tribunals
6. Control over sub ordinates
7. A court of Records
8. Power of Judicial review
1. Original:
- It means power of the High court to hear disputes in
the first instance, not by way of appeal
- It extends
a) matters of admiralty(shipping, ocean, and sea
legal cases), will, marriage, divorce, company law and
contempt of Court.
b) Dispute relate to election of MP and state
legislature.
c) Regarding revenue collection.
d) Enforcement of FR.
e) The four HC (Calcutta, Bombay, Madras, and
Delhi HC) have original jurisdiction in case of higher value.
2. Writ:
- Article 226 of the constitution empowers a HC to
issue not only writ for the enforcement of an FR but also for
ordinary legal right.
- The writ Jurisdiction of HC is wider than SC,
because SC issue writ only for the enforcement of FR,
whereas HC issue writ to ensure ordinary legal right.
- In the Chandra Kumar case (1997), the supreme
court ruled that writ Jurisdiction of both HC and SC are
part of the Basic structure of the constitution.
[Link]:
- A HC of appeal. It hears appeal against the
Judgement of Sub-ordinate courts functioning in its
territorial Jurisdiction.
- It has appellate Jurisdiction in both Civil and
Criminal matters.

[Link] Jurisdiction:
The HC has power of Superintendence over all courts
and tribunals functioning in its territorial jurisdiction
(Except military courts and tribunal).
5. Control over subordinate courts:
- As head of Judiciary in the state, the HC has got an
Administrative control over subordinate Judiciary in the
state which includes District Judges, Judges of the City civil
courts as well as Metropolitan Magistrate and member of
the Judicial service of the state.
a) The HC is to consulted by the Governor in the
matter of appointing, posting, and promoting District Judge
(Article 233).
b) The HC is consulted along with the state Public
Service Commission, by the Governor in appointing persons
to judicial service of the state. (Article 234).
6. A court of record: Article 215

HC has two powers:

1) The Judgements, proceedings, and acts of the HC
are recorded for perpetual memory testimony. These records
are admitted to be evidently value and cannot be questioned
when produced before any subordinate court.
2) It has power to punish for contempt of court, either
with simple imprisonment (or) with fine (or) both.
7. Power of Judicial Review:
- Judicial review is the power of a high court to
examine the constitutionality of legislative enactments and
executive orders of both the Central and state governments.
- On examination, if they are found to be violative of
the Constitution (ultra-vires), they can be declared as illegal,
unconstitutional and invalid (null and void) by the high
court.
 Subordinate Courts

- Article 233 to 237 in Part VI of the constitution make the following

provision to regulate the organization of Sub-ordinate courts.
- The provisions enshrined in the Constitution ensure their independence from
the executive which give effect to Article 50 of the Constitution of India . It obliges
the State to take steps to separate the Judiciary from the Executive in the public
services of the State.
 Appointment

Article 233 says: (1) Appointments of persons to be, and the

posting and promotion of, District judges in any State shall be
made by the Governor of the State in consultation with the High
Court exercising jurisdiction in relation to such State.

Eligibility:
(2) A person not already in the service of the Union or of the
State shall only be eligible to be appointed a district judge, if he has
been for not less than seven years an advocate or a pleader and is
recommended by the High Court for appointment.
Recruitment of persons other than district judges to the judicial
service.—
Article 234 says: Appointments of persons other than district
judges to the judicial service of a State shall be made by the
Governor of the State in accordance with rules made by him in
that behalf after consultation with the State Public Service
Commission and with the High Court exercising jurisdiction in
relation to such State.
Article 236. Interpretation.—
(a) 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 and assistant sessions Judge.
(b) the expression “judicial service” means a service consisting exclusively of
persons intended to fill the post of district judge and other civil judicial posts inferior
to the post of district judge.
 Control over subordinate courts

Article 235 says:- The control over district courts and courts
subordinate thereto including the posting and promotion of, and the
grant of leave to, persons belonging to the judicial service of a State
and holding any post inferior to the post of district judge shall be
vested in the High Court.
 National Legal Service Authority

- NLSA has been constituted under NLSA authority act 1987

to provide free legal service to weaker section of the society to
organize Lok Adalat for amicable settlement of disputes.
- It is formed based on the recommendation of “(Committee for
Implementing Legal Aid Schemes) headed by justice P.N. Bhagawati.
- Its objective is to create a Legal service authority, which
constituted to give effect to the policies and directions of
the NALSA and to give free legal services to the people and conduct
Lok Adalats in the State.
Features:
- The State Legal Services Authority is headed by Hon’ble the
Chief Justice of the respective High Court who is the Patron-in-Chief
of the State Legal Services Authority.
- A Seniormost Judge of High Court is nominated as Executive
Chairman, SLSA.
- In every District, District Legal Services Authority has been
constituted to implement Legal Services Programmes in the District.
The District Legal Services Authority is situated in the District
Courts Complex in every District and chaired by the District Judge
of the respective district.
- A Civil Judge Cadre Judicial Officer is appointed as Secretary
on full time basis.
Constitutional Provision:
* Article 39A of the constitution provide that state secure that
the operation of legal system to promote justice on a basis of equal
opportunity and shall provide free legal aid by suitable
legislation or scheme.
* Article 14 and 22(1) also make it obligatory for the state to
ensure equality before law and a legal system which promote justice
and right to consult, and to be defended by, a legal practitioner of
his choice.
Its main functions are :
1) To provide free and competent legal service to the eligible
persons.
2) To organize Lok Adalat for amicable settlements of disputes.
3) To organize legal awareness camps in rural areas.
The person eligible for getting free legal aid service include
- Women and children,
- Member of SC and ST,
- Industrial workmen,
- Victims of Mass disaster, violence, trafficking in human
beings or begar as referred to in Article 23 of the Constitution.
- Disabled persons,
- person in custody etc,
Lok Adalat:
* It is one of the Alternate Dispute redressal Mechanism .

Scope:
- It is a forum where disputes /cases pending in the court of
law (or) pre litigation stage are settled / compromised amicably.
* The award made by the Lok Adalat is deemed to the decree of
a civil court and is final and binding on all parties and no appeal
against such an award lie before any court of law.
* There is no any court fee payable when a matter is filed in
Lok Adalat. If case is pending in any court , it also get refunded if it
appeal in Lok Adalat.
Nature of cases to be refunded to Lok Adalat:
1) Any cases pending before any court.
2) Any dispute which has not been brought before any court
and is likely to be field before the court.

Composition of Lok Adalat in District Level:

* Lok Adalat is presided over by a sitting (or) retired judicial
officers as the chairman, with two other member usually lawyer and
a social worker.
Jurisdiction:
* It has jurisdiction including civil , revenue and amicable
criminal cases, Matrimonial, Land acquisition disputes etc.
 Gram Nyayalayas
* To provide access to justice to the citizen at their door steps,
the Central Government has enacted the Gram Nyayalayas Act,
2008.
Features:
* It provides for establishment of Gram Nyayalayas at
intermediate panchayat level.
* The State Governments are responsible for establishing
Gram Nyayalayas in consultation with the respective High Courts.
* The Gram Nyayalayas shall be court of Judicial Magistrate
of the first class and its presiding officer (Nyayadhikari) shall be
appointed by the State Government in consultation with the High
Court.
Appointment:
* The Nyayadhikaris who will preside over these Gram
Nyayalayas are strictly Judicial officers and will be drawing the
same salary, deriving the same powers as First Class Magistrates
working under High Courts.
* While appointing a Nyayadhikari, representation shall be
given to the members of the Scheduled Castes, the Scheduled
Tribes, women and such other classes or communities as may be
specified by notification, by the State Government from time to time.
Salaries:
* The salary and other allowances payable to, and the other
terms and conditions of service of, a Nyayadhikari shall be such as
may be applicable to the Judicial Magistrate of the first class.
Function:
Nyayadhikari to hold mobile courts and conduct proceedings in
villages.
(1) The Nyayadhikari shall periodically visit the villages falling
under his jurisdiction and conduct trial or proceedings at any place
which he considers is in close proximity to the place where the
parties ordinarily reside or where the whole or part of the cause of
action had arisen:
Provided that where the Gram Nyayalaya decides to hold
mobile court outside its headquarters, it shall give wide publicity as
to the date and place where it proposes to hold mobile court.
(2) The State Government shall extend all facilities to the Gram
Nyayalaya including the provision of vehicles for holding mobile
court by the Nyayadhikari while conducting trial or proceedings
outside its headquarters.
Function:
* The seat of the Gram Nyayalayas will be located at the
headquarters of the intermediate Panchayat, they will go to
villages, work there and dispose of the cases.
* The Gram Nyayalayas shall be a mobile court and shall
exercise the powers of both Criminal and Civil Courts.
* The Gram Nyayalaya shall try criminal cases, civil suits,
claims or disputes which are specified in the First Schedule and the
Second Schedule to the Act.
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