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Administration of Justice

POLICY NOTE 2003-2004

Demand No. 3

 I. INTRODUCTION

As said by George Washington “Administration of Justice is the firmest pillar of a Nation”.

“Justice is truth in action”, said Benjamin Disralli.  The judiciary in this State plays a significant role in securing justice and upholding the rule of law.  The system of independent judiciary reached full maturity in independent India and was given enough legal backing by the constitution of India.  In Tamil Nadu, the growth and development of judiciary in terms of infrastructure and performance have been significant.  The Government of Tamil Nadu have always been keen that the independence of judiciary is maintained and a suitable climate is ensured for that purpose.  The Government is committed to provide adequate facilities in terms of buildings, manpower and other infrastructure so that quick justice is offered to the litigant public.

II. ORGANISATIONAL STRUCTURE AND ITS OUTLINE IN TAMIL NADU 

The organisational structure of judiciary in Tamil Nadu is outlined below :-

The Supreme Court of India, New Delhi is the apex court of our country having its supremacy of jurisdiction over all High Courts functioning in the States in India.

 The state level hierarchical chart in Tamil Nadu is given below:-

HIGH COURT MADRAS

                        CIVIL                               CRIMINAL

Chennai             Mofussil               Chennai        Mofussil
   City                                              City  
     |                      |                                  |  
City Civil             District                  Metropolitan          Sessions
Court                 Courts                     Magistrate               Courts
                                                       Courts
    |                     |                                                               |

Small             Sub-                                                           Chief
Causes       Courts                                                           Judicial
Court                                                                               Magistrate  
                                                                                      Courts
                         |                                                                |
             District Munisif                                                    Judicial
            Courts                                                                 Magistrate
                                                                                      Courts

In addition to these regular courts, the following courts/offices have also been established under the provisions of the various Acts:

1. 1. Official Assignee, High Court, Chennai.
2. 2. Administrator General and Official Trustee, Chennai.
3. 3. Labour Courts at Chennai, Madurai, Coimbatore, Tirunelveli, Cuddalore, Salem, Tiruchirapalli and Vellore.
4. 4. Industrial Tribunal, Chennai.
5. 5. Family Courts at Chennai, Madurai, Coimbatore and Salem.
6. 6. Special Courts for protection of civil rights.
7. 7. Special Courts for trial of Economic Offences at Chennai and Madurai.
8. 8. Designated courts under “TADA” Act.
9. 9. Special Court at Chennai to try Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act cases.
10. 10. Special Courts at Chennai, Coimbatore and Madurai to try C.B.I. cases.
11. 11. Mahila Courts (Magalir Neethimandram) at Chennai and Coimbatore.
12. 12. Special Court for exclusive trial of bomb blast cases at Chennai and Coimbatore.
13. 13. Special Court for the trial of cases on communal clashes at Madurai.
14. 14. Special Courts for trial of Essential Commodities Act cases and NDPS Act cases.
15. 15. Fast Track Courts.

The categorywise details of Judicial Officers in Tamil Nadu is shown in Annexure.I.

III. CLASSIFICATION OF EXPENDITURE

The expenditure of judiciary is classified as “Charged” and “Voted”.

Charged:

1. 1.  High Court Judges and Registrars, Establishment consisting of the original and Appellate Sides, Translation and Printing Department, the Law Reporters and Establishments, the Assistant Registrars, Pondicherry and establishment relating to extension of jurisdiction to pondicherry.

Voted:

1. 1.      The Civil and Sessions Court including the City Civil Courts, Chennai
2. 2.      Court of Small Causes, Chennai
3. 3.      Courts of Metropolitan Magistrates, Chennai
4. 4.      The Subordinate Criminal Courts
5. 5.      The Administrator General and Official Trustee, Madras
6. 6.      Government Legal Advisers and Counsels.
7. 7.      The Special Courts.
8. 8.      The Editor and Staff, Publication of Tamil Law Journal, Chennai.
9.  

 IV. ALLOCATION OF RESOURCES

The fathers of our constitution have made it obligatory on the part of the State Government to provide necessary funds to the Judiciary, so as to enable this constitutional body to function independently and effectively.  The Government of Tamil Nadu have provided the necessary financial and other support to the judiciary which was only Rs.146.36 crores in 2000-2001 has been stepped upto Rs.170.68 crores in 2003-2004.

The details of expenditure and receipts derived by way of fines etc. are spelt out below:

EXPENDITURE

RECEIPTS

V. JURISDICTION OF COURTS

(i) Civil Courts

The jurisdiction of the City Civil Court is fixed under the Madras City Civil Court Act, 1892.

The territorial Jurisdiction of the City Civil Court, Chennai extends over the whole of the City of Chennai.  The City Civil Court exercises pecuniary jurisdiction upto Rs.10,00,000/- and Appellate jurisdiction upto Rs.3,00,000/- . The City Civil Court is also functioning as the Sessions Court for the Chennai Sessions Division.

The Chief Judge and the other judges of court of Small Causes are exercising Small Causes powers under the presidency Small Causes Courts Act, 1882.

The jurisdiction of the civil courts in the mofussil is fixed under the Tamil Nadu Civil Courts Act, 1873.

The District Judges are the Sessions Judges of the respective Divisions.  They are also functioning as Special Tribunals under certain special enactments such as the Employees State Insurance Act, the Estate Abolition Act and the Motor Vehicles Act.  They exercise civil appellate jurisdiction upto Rs.3,00,000/-.

The Civil Judges (Senior Division) exercise unlimited pecuniary jurisdiction on the original side.  Their jurisdiction is defined under the Civil Courts Act.  They are also exercising appellate powers in respect of appeals arising from and out of the decisions of the District Munsifs functioning in their respective territorial jurisdiction upto the value of Rs.30,000/-. They are also functioning as Assistant Sessions Judges.

The Civil Judges (Junior Division) exercise pecuniary jurisdiction upto Rs.30,000/-. They are exercising Small Causes Jurisdiction also upto Rs.20,000/-.

(ii) District Munsif Courts

The Jurisdiction of the District Munsif Courts extends over one or more Taluks and the jurisdiction of Sub-Courts, extends over one or more Munsif Courts.  In the case of District and Sessions Court, its jurisdiction extends over one or more Revenue Districts. The District Munsif-cum-Judicial Magistrates try both Civil and Criminal Cases.

(iii) Criminal Courts

The Metropolitan Magistrates are exercising jurisdiction with reference to the Police Stations in the City of Chennai.

The Additional District Judge-cum-Chief Judicial Magistrates are exercising the jurisdiction on the Subordinate Criminal Courts in their Districts.  In addition to their administrative work, the Additional District Judge-cum-Chief Judicial Magistrates are empowered under the Code of Criminal Procedure, 1973 to hear appeals made over to them by the District and Sessions Judges before whom certain appeals may be filed under the provisions of the said Code.  Judicial Magistrates try Criminal Cases arising in the Taluk under their jurisdiction.

(iv) High Court

The High Court exercises writ jurisdiction and original jurisdiction in civil matters.  It has appellate jurisdiction also both in Civil and Criminal matters.  On the original side, the High Court tries suits above the value of Rs.10,00,000/- arising within the City of Chennai.  The High Court is also exercising extended jurisdiction over the Union Territory of Pondicherry.

VI. JUDICIAL ACADEMY

The Tamil Nadu State Judicial Academy has been established and is functioning at the Government Bungalow “Malligai”.  The Government have sanctioned Rs.4.50 crores for construction of a new building.  It offers Refresher Courses and  orientation programmes to the District Judges, Sub-Judges and District Munsifs and Training Programme to the newly recruited District Munsifs.  During June 2002, the Government accorded sanction for a sum of Rs.6,87,146/- towards the purchase of Swaraj Mazda STD Bus for use of the Tamil Nadu State Judicial Academy.  In July 2002, the Government accorded sanction for a sum of Rs.5 lakhs for meeting the expenditure in conducting the training programme / refresher courses for the year 2002-2003.