The Union Cabinet has approved continuation of the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary for further five years from 01.04.2021 to 31.03.2026 at a total cost of Rs.9000 crore, including Rs.50 crore for the Gram Nyayalayas Scheme and their implementation in a Mission Mode through National Mission for Justice Delivery and Legal Reforms.

This proposal will help in the construction of 3800 court halls and 4000 residential units (both new and ongoing projects) for judicial officers of District and Subordinate Courts, 1450 lawyer halls, 1450 toilets complexes and 3800 digital computer rooms. This will help in improving the functioning and performance of the Judiciary in the country and will be a new step towards building better courts for a new India.

            Setting up of digital computer rooms will also improve digital capabilities and give impetus to the digitization initiation being pursued as a part of India’s Digital India vision. This will help in improving the overall functioning and performance of the Judiciary. Continued assistance to the Gram Nyayalayas will also give impetus to providing speedy, substantial, and affordable justice to the common man at his doorstep.

LEARNING FROM HOME/ WITHOUT CLASSES/ BASICS

 The Indian judicial system is a single integrated system. The Constitution of India divides the Indian judiciary into superior judiciary (the Supreme Court and the High Courts) and the subordinate judiciary (the lower courts under the control of the High Courts).

Part V, Chapter IV of the Constitution. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India.

Part VI, Chapter V of the Constitution. Articles 214 to 231 of the Constitution of India lay down the composition and jurisdiction of the High Court of India.

Part VI, Chapter VI of the Constitution. Articles 233 to 237 of the Constitution of India lay down the composition and jurisdiction of Subordinate Courts.

There are various levels of judiciary in India with the Supreme Court of India at the top, followed by High Courts(HC) of respective states with District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom. Control over district courts and courts subordinate to it vests with the HC under Article 235 of the Constitution. Article 233 of the Constitution lays down the appointment of district judges that shall be done by the Governor of that State in consultation with the High Court.

1. The Sessions Judge: State Government establishes the Sessions Court which has to be presided by a Judge appointed by the High Court. The High Court appoints Additional as well as Assistant Sessions Judges. 

2. The Additional/ Assistant Sessions Judge: These are appointed by the High Court of a particular state. They are responsible for cases relating to murders, theft, dacoity, pick-pocketing, and other such cases in case of the absence of the Sessions Judge.

3. The Judicial Magistrate: In every district, which is not a metropolitan area, there shall be as many as Judicial Magistrates of first class and of second class. The presiding officers shall be appointed by the High Courts. Every Judicial Magistrate shall be subordinate to the Sessions Judge.

4. Chief Judicial Magistrate: Except for the Metropolitan area, the Judicial Magistrate of the first class shall be appointed as the Chief Judicial Magistrate. Only the Judicial Magistrate of First Class may be designated as Additional Chief Judicial Magistrate.

5. Metropolitan Magistrate: They are established in Metropolitan areas. The High Courts have the power to appoint the presiding officers. The Metropolitan Magistrate shall be appointed as the Chief Metropolitan Magistrate. The Metropolitan Magistrate shall work under the instructions of the Sessions Judge.

42nd Amendment Act of 1976 provided for the enactment of Art. 323A and Art.323B in the Constitution of India.

 Art. 323A – Establishment of administrative tribunals by the Parliament by law for adjudication or trial of disputes with respect to recruitment and conditions of service and posts in connection with the affairs of the Government. Administrative Tribunals Act, 1985 was enacted to set up the Central Administrative Tribunal.

Art. 323B – Establishment of tribunals for adjudication or trial of any disputes or complaints with respect to the matters specified in Article 323 B (2) by the appropriate legislature by law.  EX. The matter related to industrial and labor disputes, levy assessment of Tax foreign exchange…4