Law Dose (Part One)

LOK ADALATS Lok Adalats which are voluntary agencies are monitored by the State Legal Aid and Advice Boards. They have proved to be a successful alternative forum for resolving of disputes through the conciliatory method. The Legal Services Authorities Act, 1987 provides statutory status to the legal aid movement and it also provides for setting up of Legal Services Authorities at the Central, State and District levels. These authorities will have their own funds. Further, Lok Adalats which are at present informal agencies will acquire statutory status. Every award of Lok Adalats shall be deemed to be a decree of a civil court or order of a Tribunal and shall be final and binding on the parties to the dispute. It also provides that in respect of cases decided at a Lok Adalat, the court fee paid by the parties will be refunded.

ADVOCATE GENERAL There is an Advocate General for each State, appointed by the Governor, who holds office during the pleasure of the Governor.He must be a person qualified to be appointed as a Judge of High Court. His duty is to give advice to State Governments upon such legal matters and to perform such other duties of legal character, as may be referred or assigned to him by the Governor. The Advocate General has the right to speak and take part in the proceedings of the State Legislature without the right to vote.

JURISDICTION AND SEAT OF HIGH COURTS Name Year Territorial establishment jurisdiction Seat Allahabad   1866 Uttar Pradesh Allahabad (Bench at Lucknow) Andhra Pradesh 1956 Andhra Pradesh Hyderabad Bombay    1862 Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu Bombay (Benches at Nagpur, Panaji and Aurangabad) Calcutta    1862 West Bengal Calcutta (Circuit Bench at Port Blair) Delhi 1966 Delhi Delhi Guwahati(2)  1948 Assam, Manipur, Meghalaya, Nagaland,Tripura, Mizoram and Arunachal Pradesh Guwahati (Benches at Kohima, Aizwal & Imphal. Circuit Bench at Agartala & Shillong) Gujarat   1960 Gujarat Ahmedabad Himachal Pradesh  1971 Himachal Pradesh Shimla Jammu & Kashmir   1928 Jammu & Kashmir Srinagar & Jammu Karnataka(3)  1884 Karnataka Bangalore Kerala  1958 Kerala & Lakshadweep Ernakulam Madhya Pradesh   1956 Madhya Pradesh Jabalpur (Benches at Gwalior and Indore) Madras    1862 Tamil Nadu & Pondicherry Madras Orissa  1948 Orissa Cuttack Patna    1916 Bihar Patna (Bench at Ranchi) Punjab & Haryana(4) 1975 Punjab, Haryana & Chandigarh Chandigarh Rajasthan   1949 Rajasthan Jodhpur (Bench at Jaipur) Sikkim  1975 Sikkim Gangtok

PUBLIC INTEREST LITIGATION Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to Hon'ble the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Such concept is popularly known as 'Public Interest Litigation' and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction. A Writ Petition filed at the Filing Counter is dealt with like any other Writ Petition and processed as such. In case of a letter  addressed to Hon'ble the Chief Justice of India the same is dealt with in accordance with the guidelines framed for the purpose.

AMICUS CURIAE If a petition is received from the jail or in any other criminal matter if the accused is unrepresented then an Advocate is appointed as amicus curiae by the Court to defend and argue the case of the accused. In civil matters also the Court can appoint an Advocate as amicus curiae if it thinks it necessary in case of an unrepresented party; the Court can also appoint amicus curiae in any matter of general public importance or in which the interest of the public at large is involved.

PROVISION OF LEGAL AID If a person belongs to the poor section of the society having annual income of less than Rs. 18,000/- or belongs to Scheduled Caste or Scheduled Tribe, a victim of natural calamity, is a woman or a child or a mentally ill or otherwise disabled person or an industrial workman, or is in custody including custody in protective home, he/she is entitled to get free legal aid from the Supreme Court Legal Aid Committee. The aid so granted by the Committee includes cost of preparation of the matter and all applications connected therewith, in addition to providing an Advocate for preparing and arguing the case. Any person desirous of availing legal service through the Committee has to make an application to the Secretary and hand over all necessary documents concerning his case to it. The Committee after ascertaining the eligibility of the person provides necessary legal aid to him/her. Persons belonging to middle income group i.e. with income above Rs. 18,000/- but under Rs. 1,20,000/- per annum are eligible to get legal aid from the Supreme Court Middle Income Group Society, on nominal payments.

THE NINETEENTH LAW COMMISSION The Nineteenth Law Commission was constituted through a Government order with effect from September 1, 2009. It will have a three-year term ending August 31, 2012. The Commission comprises of the following:- Shri Justice P. V. Reddi CHAIRMAN (w.e.f.25-03-2010)  MEMBER Dr. Brahm A. Agrawal MEMBER  SECRETARY & SECRETARY TO THE GOVT. OF INDIA

History of Judiciary in INDIA…..  The concept of Dharma or law in ancient India was inspired by the Vedas which contained rules of conduct and rites and compiled in Dharma Sutras, were practiced in a number of branches of the Vedic schools. Their principal contents address the duties of people at various stages of life, the rights and duties of the kings and juridical matters. These were basis of Hindu Law. The earliest document throwing light on the theory of jurisprudence, which forms part of practical governance, is the Artha Sastra of Kautilya dating back to circa300 B.C. The third chapter deals with Vyavahara i.e. transactions between two or more parties or Vivada or disputation. During the first seven centuries of Christian era, there evolved a number of Dharma sastras which dealt extensively with Manu, Yajnavalkya, Narda and Parashara smiritis etc. The Sultanate Period….. In medieval India, the religious leaders endeavoured to transform Islam into a religion of law, but as custodian of justice, the rulers made the Sharia, a court subservient to their sovereign power. Theoretically the rulers had to be obedient to the Sharia and history speaks about certain cases where sovereigns unhesistengly submitted to the Qazi’s decision. The rulers sat in a Court known as Mazalim (complaints). According to Ibn Battuta, Muhammad bin Tughalaq,ruler of Tughalaq dynasty, heard complaints each Monday and Thursday. From 13th century onwards, an officer known as Amir-i- dad presided over the secular Court in sultan’s absence. He was also responsible for implementing Qazis’ decisions and for drawing their attention to the cases which constituted miscarriage of justice. The Muftis were the expert on Sharia law and gave Fatwas (formal legal rulings) on disputes referred to them by members of the public or qazis. The Chief Judge of the sultanate was known as the qazi –i- mamalik also known as the qazi- ul- quzat. Mughals During Mughals period the secular judge was known as Mir- adl . He acted as a judge on the Emperor’s behalf. He was required to make impartial and personal inquiries. He was also responsible for implementing qazi’s decisions. Emperor Akbar also appointed two officers, called tui-begis, to supervise the adherence to the law and fixed a nominal amount as their fee. The same system was followed till British took over the power of India.