2.4.1 Under First Schedule to the Constitution of India, Delhi was a Union Territory. It was a Part ‘C’ State.

2.4.2 Prior to the commencement of the Constitution, it was known as Chief Commissioner’s Province of Delhi.

2.4.4 After 1857, Delhi was the head quarter district of the Delhi Division under a Commissioner of Punjab Government. The judicial work of the district was supervised by the Divisional and Sessions Judge of the Delhi Civil Division. The Chief Court of Punjab was the highest court of appeal in civil and criminal matters. Its proceedings were regulated by the Civil Procedure for the time being in force in Punjab. During this period, Small Causes Court was also established in the Delhi District for adjudicating upon small cause cases in less expensive and more expeditious manner. The suits of the value of Rs. 500/- or Rs. 1,000/- if directed by the Local Government, were cognizable by the Small Causes Courts.

2.4.5 The following judicial and executive cum judicial functionaries were existing under the Commissioner of Delhi. There were : Deputy Commissioner, Judicial Assistant Commissioner, Extra Assistant Commissioner, Judges of Small Causes Court, Tahsildars, Naib Tahsildars and Munsiffs, supplemented by the benches of Honorary Magistrates.

2.4.7 The Delhi Laws Act, 1912 (Act No. 13 of 1912) was enacted for the purpose of facilitating the application to the new territory or any part thereof, any enactment passed before the commencement of this act or any notification, order, scheme, rule, form or by-law issued, made or prescribed under any such enactment.

2.4.8 By another Royal proclamation published under Notification No. 912-C dated 22-2-1915 about 65 revenue estates of the United Provinces of Agra and Oudh were immediately taken over by the Governor General of India in Council and were included in the newly created province of Delhi. The Delhi Laws Act 1915 (Act No. 7 of 1915) was similarly enacted for the administration of the territory taken over from the United Provinces of Agra and Oudh.

2.4.9 Even after becoming a separate province under the Chief Commissioner, Delhi continued to be under the jurisdiction of the Punjab Government and the provisions of Punjab Courts Act continued to apply.

2.4.10 During the year 1913, the judiciary consisted of :

1) One District & Sessions Judge.

2) One Senior Sub Judge.

3) One Judge of Small Causes Court.

4) One Registrar, Small Causes Court and

5) Three Sub Judges.

2.4.11 There was also a Court of Honorary Sub Judge. The Chief Court of Punjab continued to be the highest Court in civil and criminal cases. Under the Letters Patent Act of 1919, the said Court was raised to the status of High Court.

2.4.12 The Civil Judiciary was under the control of the District Judge assisted by Additional District Judge, a Sub Judge and the Judge of the Small Causes Court. There were two full-time Munsiffs and about 8 other officers with First, Second or Third Class powers, according to exigencies.

2.4.13 There are two cadres namely (1) Delhi Higher Judicial Service and (2) Delhi Judicial Service.

2.4.14 The Delhi Higher Judicial Service consists of District & Sessions Judges / Additional District & Sessions Judges / Rent Control Tribunals / Industrial Tribunals / M.A.C.Ts./ Labour Courts / Chief Metropolitan Magistrates / Additional Chief Metropolitan Magistrates.

2.4.15 The Delhi Judicial Service consists of Senior Civil Judges / Judges (Small Causes Courts), Civil Judges /Metropolitan Magistrates /Rent Controller/ Additional Rent Controller.

2.4.16 The Delhi Higher Judicial Service Rules, 1970, regulate recruitment and conditions of service of the officers in the Delhi Higher Judicial Service. All posts included in the Service are Central Civil Posts, Class-I, Gazetted. There are three scales of pay in this Service, namely, Super Time Scale, Selection Grade and Time Scale.

2.4.17 The recruitment to the Higher Judicial Service is done by the High Court (i) by promotion on the basis of Selection from members of Delhi Judicial Service who have completed not less than 10 years of service, and (ii) by direct recruitment from the members of the Bar who have practiced as advocates for not less than seven years, in the ratio of 2:1.

2.4.18 There are 134 posts in the cadre of Delhi Higher Judicial Service. The Time Scale of Pay is Rs. 16400-450-20000. 20 per cent of the cadre strength are selection grade posts carrying the pay scale of Rs. 18400-500-22400. There is one post in the super time scale in the same scale of pay of Rs. 18400-500-22400. All persons appointed to the service will, on permanent post being available for them, be on probation for two years.

2.4.19 The Delhi Judicial Service Rules, 1970 regulate the recruitment and service conditions of the Judicial Officers in the Delhi Judicial Service. All posts included in the Service are Central Civil Posts, Class-I, Gazetted. In the Delhi Judicial Service, there are three scales of pay, namely, Selection Grade, Senior Time Scale after 5 years service and Time Scale.

2.4.20 The recruitment in the service is made on the basis of a written competitive test held by the High Court and the viva-voce test of the candidates who have qualified at the written test, held by the Selection Committee, from amongst the persons who have practiced as advocates for not less than 3 years. After selection, the candidate may be appointed as Civil Judge or Metropolitan Magistrate or Civil Judge-cum-Metropolitan Magistrate. An officer with 5 years service may be appointed as Rent Controller / Additional Rent Controller. He will be on probation if appointed against a permanent post, or on a permanent post being available for him, for a period of two years, on an initial salary of Rs. 8000/- in the scale of Rs. 8000-275-13500. After five years of service, he would get Senior Time Scale Pay in the scale of Rs. 10000-325-15200. After 8 years of service, he would be entitled subject to availability of post, to Selection Grade post in the pay scale of Rs. 12000-375-16500. 20% of the permanent posts in the Delhi Judicial Service are earmarked as Selection Grade posts. The post of Senior Civil Judge / Judges of Small Causes Courts are part of the cadre and are not promotional posts from the cadre of Civil Judges/Metropolitan Magistrates/ Rent Controller /Additional Rent Controller.

2.4.21 There are 218 posts in the Delhi Judicial Service.

The District Judge / Additional District Judge has pecuniary jurisdiction to decide the original suits upto the value of Rs. 5,00,000/-.

The Civil Judge has pecuniary jurisdiction to decide suits upto the value of Rs. 1,00,000/-.

Appeals against the decrees passed by the Civil Judges in suits of pecuniary jurisdiction upto Rs. 1,00,000/-.

(a) In a money suit of the value not exceeding Rs.1000/-.

(b) In a land suit of the value not exceeding Rs.250/-.

(c) In unclassed suits of the value not exceeding Rs.500/-.

Pecuniary jurisdiction of the Judge, Small Cause Court is Rs. 5,000/-.

Rs. 10,000/- for suits in respect of Small Causes under sub-Section (2) and sub-Section (3) of Section 15 of the Provincial Small Cause Court Act is amended by Government of National Capital Territory of Delhi.

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