indian polity book series 31

Page 1 (Page 153 of the original document): Subordinate Courts, Gram Nyayalayas, Fast Track Courts, Lok Adalat

Subordinate Courts

• Part VI of the Constitution, from Articles 233 to 237, deals with subordinate courts.
• The lower courts that come after the High Court are called subordinate courts.
• These include District Courts, City Civil Courts, and Metropolitan Magistrate Courts.
• According to Article 233(1), the Governor appoints District Judges after consulting the High Court.

Qualifications to be appointed as a District Judge

1. Must have been working as an advocate for 7 years and the High Court must recommend it.
2. Must be an officer in central or state service.

The first High Court established after independence was (4) (AP Constables Mains–2016)

1. Rajasthan and Bombay
2. Madras and Madhya Pradesh
3. Calcutta and Delhi
4. Orissa and Guwahati

Gram Nyayalayas Act - 2008:

• The Gram Nyayalayas Act came into force on October 2, 2009.
• They provide justice through participation, mediation, and compromise.
• Gram Nyayalayas will deliver judgments keeping in mind natural justice and the rules made by the High Court.
• The Gram Nyayalayas Act-2008 provides for the establishment of mobile courts in various villages in the country.
• First Class Judicial Magistrates conduct the proceedings in these courts.

Fast Track Courts:

• Fast Track Courts were established in 2000 for the speedy trial and disposal of cases that have been pending for a long time.
• Fast Track Courts should deliver judgments within 6 months.

Lok Adalat:

• Lok Adalat means People's Court.
• It is an alternative dispute resolution mechanism.
• The person who first suggested the establishment of Lok Adalats was former Chief Justice of the Supreme Court, P.N. Bhagwati.
• The first Lok Adalat was formed in Gujarat in 1982.
• The power to impose the death penalty rests with the District Sessions Court.
• The head of the District Sessions Court is also called the District Chief Judge.
• The power to grant amnesty for the death penalty rests only with the President.

Tribunals:

• Administrative Tribunals were established in 1976 by the 42nd Constitutional Amendment.
• Part 14A of the Constitution, Articles 323A and 323B, deal with Tribunals.
• The Central Administrative Tribunal (CAT) was established in 1985.
• The main bench of CAT is located in Delhi.
• The total number of benches in CAT is 17.
• There is one Chairman, 16 Vice-Chairmen, and 49 members in CAT. Some of them are appointed from the judiciary and some from the administration.
• A current or retired Chief Justice of the High Court is appointed as the Chairman of CAT.
• Currently, the Chairman of the Central Administrative Tribunal is L. Narasimha Reddy.
• The retirement age of the CAT Chairman is 68 years or a term of 5 years.

Page 2 (Page 154 of the original document): Tribunals (Continued), Lokpal

• Other members have a retirement age of 65 years or a term of 5 years.
• The President appoints the Chairman and members of CAT.
• They are removed from office by the President after an inquiry by the Supreme Court.
• It resolves disputes related to the services of Central Government employees.
• It resolves all disputes related to recruitment, postings, transfers, promotions, and other disciplinary actions.
• All disputes must be filed and resolved in the tribunals.

State Administrative Tribunal (SAT):

• State Administrative Tribunals were established according to the Administrative Tribunals Act, 1985.
• SAT consists of a Chairman, Vice-Chairman, and four members.
• The President appoints them.
• The term of office of the SAT Chairman and Vice-Chairman is 5 years or until the age of 65 years.
• The term of office of the members is 5 years or 62 years of age.
• They are removed from office by the President after an inquiry by the Supreme Court.
• It resolves service disputes of state government employees, mainly recruitment, posting, transfer, promotion, and discipline.
• However, the service disputes of employees working in the High Court, employees working in the State Legislature, and employees working in universities do not come under the jurisdiction of the State Tribunals.
• Andhra Pradesh Administrative Tribunal was abolished in March 2020.

Lokpal:

• Lokpal is a statutory body established to investigate political corruption and irregularities at the highest level in the central government.

• Vigilance Commissions were established to control corruption among government employees.

Note:

1. The Central Vigilance Commission (CVC) was established in 1964 on the recommendation of the Santhanam Committee.
2. The current Central Vigilance Commissioner is Sanjay Kothari.
3. CBI (Central Bureau of Investigation) was established in 1963.
4. The current interim director of CBI is Praveen Sinha.

• Committees that recommended the establishment of the Lokpal system: Santhanam Committee and the First Administrative Reforms Commission.
• The term Lokpal was suggested by L.M. Singhvi, a member of Parliament, in 1963.
• The Lokpal Bill was first introduced in Parliament in 1968.
• The Lokpal and Lokayukta Act was introduced in 2013 due to the efforts of leaders like Anna Hazare.
• President Pranab Mukherjee approved the Lokpal and Lokayukta Bill 2013 on January 1, 2014.
• The Lokpal Lokayukta Bill came into force on January 16, 2014.
• There shall be a Chairman and 8 members in the Lokpal.
• To be appointed as Lokpal Chairman, one must have served as Chief Justice of the Supreme Court or as a Judge of the Supreme Court.

Page 3 (Page 155 of the original document): Lokpal (Continued) and Lokayukta

• The Chairman and members are appointed by the President on the recommendation of a committee consisting of the following:
  • Selection Committee Chairman - Prime Minister.
  • Members - Lok Sabha Speaker
  • Leader of the Opposition in the Lok Sabha
  • Chief Justice of the Supreme Court
  • A legal expert appointed by the President
• Pinaki Chandra Ghose was appointed as the first Lokpal on March 23, 2019 by President Ram Nath Kovind.

• Lokpal Chairman or Members -
• Should not be a Member of Parliament or a Member of the State Legislative Assembly.
• Must not be less than 45 years of age at the time of taking office.
• Should not have been dismissed from central or state government service.
• The term of office of the Lokpal Chairman and members is 5 years or 70 years of age.
• They submit their resignation letter to the President.
• The President can remove them from office after an inquiry by the Supreme Court on grounds of incapacity and misbehavior.

Lokayukta:

• 'Lokayukta' is the system established to curb the abuse of power by prominent people and high-ranking officials in the state administration.
• Currently, Lokayukta is in force in 19 states of the country.
• Although the state of Orissa enacted the Lokayukta Act for the first time in the country in 1970, it came into force in 1983.
• Maharashtra was the first state in India to establish the Lokayukta system (1971).
• Andhra Pradesh established Lokayukta in 1983.
• The Governor appoints the Lokayukta, who is a current or former judge of the High Court.
• The Governor appoints the Lokayukta after consulting the Chief Minister, Council of Ministers, Leader of the Opposition, and Advocate General.
• The Governor administers the oath of office to the Lokayukta after appointing him.
• The Governor appoints one of the five District Judges sent by the Chief Justice of the High Court as the Upalokayukta.
• The term of office of the Lokayukta and Upalokayukta is 5 years.
• The powers of a civil court are vested in the Lokayukta.
• If the Lokayukta has to be removed, the Governor must appoint the current or former Chief Justice of the Supreme Court or the current or former Chief Justice of the High Court / Judge of the Supreme Court as the inquiry officer.
• The inquiry report should be submitted to the Governor. The Governor should place that report before both houses of the Legislature.
• That report must be approved by both houses of the legislature by a 2/3 majority. Then the Governor removes the Lokayukta and Upalokayukta from office.
• Avula Sambasiva Rao was the first Lokayukta of Andhra Pradesh.
• The current Lokayukta of Andhra Pradesh is - P. Lakshmana Reddy (appointed in September 2019)
• The current Lokayukta of Telangana is - Justice C.V. Ramulu
• Upalokayukta - Niranjan Rao (appointed on December 20, 2019)