ASKiIMAN™ ARCHIVE / INDIAN POLITY
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Lower Judiciary

District Courts, Hierarchy & Access to Justice

PART I — STRUCTURE & HIERARCHY

ARTICLE 233

The District Judge

  • The District Judge is the highest judicial authority in a district. They possess original and appellate jurisdiction in both civil and criminal matters.
  • **Dual Role:** When dealing with civil cases, they are called the District Judge. When dealing with criminal cases, they are called the **Sessions Judge**.
  • **Appointment:** Appointed by the **Governor** of the state in consultation with the High Court.
THE DUAL BRANCHES

Subordinate Courts

  • Below the District/Sessions Judge, the hierarchy splits into two distinct paths:
  • **Civil Side:** Senior Civil Judge's Court (deals with cases of higher financial value) → **Munsif's Court** (lowest civil court, deals with small pecuniary claims).
  • **Criminal Side:** Chief Judicial Magistrate's Court (can sentence up to 7 years) → **Judicial Magistrate First Class** (can sentence up to 3 years).

PART II — REACHING THE GRASSROOTS

ARTICLE 39A

Access to Justice

  • Article 39A (Directive Principle) states that the State shall secure equal justice and provide **free legal aid** to ensure opportunities for securing justice are not denied by economic or other disabilities.
  • This led to the **Legal Services Authorities Act, 1987**, which established NALSA (National), SALSA (State), and DALSA (District) to provide free legal services to the weaker sections.
ALTERNATIVE DISPUTE RESOLUTION

Lok Adalats

  • **"People's Court"**: A forum where disputes pending in the court of law, or at the pre-litigation stage, are settled amicably.
  • They have been given statutory status under the Legal Services Authorities Act, 1987.
  • **Features:** No court fee is payable. An award made by a Lok Adalat is deemed to be a **decree of a civil court** and is final and binding on all parties. **No appeal** lies against such an award.