2.8.1 Under the First Schedule of the Constitution of India, Himachal Pradesh and Bilaspur were Chief Commissioners’ Provinces. Both were Part ‘C’ States.

2.8.2 By the Himachal Pradesh and Bilaspur (New State) Act, 1954, a new State of Himachal Pradesh by uniting the existing States of Himachal Pradesh and Bilaspur was formed.

2.8.3 By Sub-Section (1) of Section 5 of the Punjab Reorganisation Act, 1966, certain territories in the then existing State of Punjab were integrated into the State of Himachal Pradesh.

2.8.4 Before independence, Bilaspur, Chamba and Sirmur were Princely States with independent Judicial administration.

2.8.5 (1) Bilaspur : The sovereign was the fountain head of law and formed highest court of justice. He was assisted by his ministers or wizier in whose hands rested the practical management of every department. In the durbar, which was a regular feature of court life, the people came to complain and to get their grievances redressed. The justice was administered by the word of mouth. Executions, as was customary, were prompt and swift.

2.8.6 As society progressed, the durbar still continued. But the area of the State was divided into various administrative units each under a Killedar who exercised certain judicial powers of minor nature in addition to his duties as Faujdar.

2.8.7 Heads of villages or saaths settled local disputes. Feudatories and Jagirdars had powers of arbitration and to inflict punishment within their own jurisdictions.

2.8.9 In murder cases, regular files were maintained in the muhafizkhana, the foreign office. Raja Amar Chand amalgamated the six tahsils into two divisions on either side of the river Satluj in 1885 and posted a wizier in charge of each Tahsil. The Tahsildars of these two divisions were invested with certain Criminal powers.

2.8.10 By 1910, various civil and criminal courts had been organised. The Tahsildars and Naib Tahsildars enjoyed the powers of a Magistrate of second class and third class respectively. There was a Civil Judge to dispose of civil cases. The wizier exercised the powers of a District Magistrate in criminal matters and of a District Judge in civil cases. He also exercised over-all control in revenue matters. But, all his decisions were appealable to the Raja. Further improvements in the organisation of the courts appear to have taken place subsequently. By 1942-43 the judicial system comprised on the :

2.8.11 All the above courts were subject to the Appellate Jurisdiction of the High Court (Ijlas-i-Alia). The Ijlas-i-Alia (Raja) had the right to superintendence over every court.

2.8.12 The Punjab Courts’ Act had been applied mutatis mutandis in 1949. Before its enforcement, all the appeals from the Court of Sub Judge First Class irrespective of the value of the suits would lie with the Court of the District Judge.

2.8.13 Ijlas-i-Alia was the final court of appeal. But, both the courts exercised the original civil jurisdiction. In the Ijlas-i-Alia, miscellaneous applications and oral complaints were freely and regularly heard and decided. In the Court of the District & Sessions Judge, certain class of matrimonial cases were decided summarily. On the Criminal side, the High Court consisting of two judges was the highest court of Criminal Justice in the State. Sentence of death passed by the Sessions Judge was subject to confirmation by the High Court.

2.8.15 A Senior Sub Judge -cum- Assistant Sessions Judge exercised unlimited jurisdiction in respect of civil suits. He was invested with powers under the Small Causes Courts Act, Rent Restriction Act, Guardian and Wards Act, Indian Succession Act, Provincial Insolvency Act. The District & Sessions Judge with jurisdiction extending over Bilaspur district was the Superior Court to the Court of the Assistant Sessions Judge. The Himachal Pradesh High Court at Simla was the Apex Court with original, appellate and revisional jurisdiction.

2.8.16 The District Magistrate entertained appeals in such cases as prescribed by the Code of Criminal Procedure.

2.8.17 The Assistant Sessions Judge was the Appellate Authority against the orders passed by the Magistrates of the II Class and III Class. He also entertained revision petitions against the orders of the Panchayats in Civil cases. The Sessions Judge exercised Appellate and Revisional Jurisdiction over all the subordinate Courts as prescribed in the Code of Criminal Procedure. The District & Sessions Judge at Simla held circuit court at Bilaspur.

2.8.18 The Himachal Pradesh High Court exercised appellate and revisional jurisdiction over all courts situate within the limits of Himachal Pradesh.

2.8.19 The Panchayats started functioning by the beginning of 1959.

2.8.20 (2) Chamba: In the early period, the ruler of the State used to appoint the Judges, Magistrates and Munsiffs. He was the final Court of Appeal with unrestricted and unlimited original jurisdiction. However, after the advent of the British Rule, death sentence passed by the Ruler was subject to confirmation by the Commissioner of Lahore who was also competent to inspect the Courts.

2.8.21 After the merger of the State into the Indian Union, the territory of Chamba State was formed into a full-fledged separate district and the administration of Justice was as organised as to bring it in line mutatis mutandis with that obtaining in other districts and the following Courts came into being :

1. District Magistrate

2. Magistrate I Class

3. Magistrate II Class

2.8.22 After independence, Nyaya Panchayats were constituted in 1959 to conduct certain judicial work. These Nyaya Panchayats exercise petty civil, criminal and revenue powers.

2.8.23 (3) Sirmur : During the reign of Raja Fateh Parkash, Criminal cases were decided by ordeal. The convicts in criminal cases were sentenced to fine called "chaheti" or to imprisonment called "dand".

2.8.24 By way of reorganisation of the judiciary during the reign of Raja Shamsher Parkash, the Tahsildars were invested with the powers of Second Class Magistrate and Sub-Judge. The District Judge and the First Class Magistrate was invested with powers above that of the Tahsildar. The heir-apparent was made the Collector and the district Magistrate. The Raja’s own court was declared to be the Court of Final Appeal.

2.8.25 There was a court of Sub-Judge under the District Judge. The Tahsildars were empowered with the powers of the Munsiff to decide civil cases up to the value of Rs. 50/-.

2.8.26 In 1891, High Court was constituted with two judges to dispose of appeals. In case of difference of opinion, the decision of the Raja was final. The sentence of death awarded by the Raja required the confirmation of the Commissioner of Delhi. The Indian Penal code and Criminal Procedure Code and all the local and special laws of Punjab were made applicable to administer criminal justice.

2.8.27 In 1934, during the time of Maharaja Rajinder Parkash, the following courts were in existence. The highest tribunal was the Ijlas-E-Khas (High Court) constituted of the Maharaja as the Chief Justice and two Puisne Judges.

2.8.28 Below the High Court was the Court of Sessions Judge exercising all the powers of a Sessions Court in Punjab.

2.8.29 Subordinate to the Sessions Judge were the Court of the District Magistrate, First Class Magistrate and the Court of Tahsildars.

2.8.30 The Conservator of Forests had also been invested with the powers of the First Class Magistrate to deal with cases of theft of timber from the river Tons.

2.8.31 Towards the end of the princely regime, the judicial system had undergone certain further changes. Instead of Ijlas-E-Khas, the highest tribunal came to be called as the Raj Nyaya Sabha consisting of two members.

2.8.32 The judiciary was independent of the executive. Below the Raj Nyaya Sabha was the High Court presided over by Chief Justice exercising revisional and appellate jurisdiction in civil and criminal matters.

2.8.33 Criminal Justice was administered by a special tribunal, a Sessions Court, a Court of the District Magistrate, three Courts of First Class Magistrates, five Courts of Second Class Magistrates and a Court of Third Class Magistrate.

2.8.35 At the time of the integration of the State with the Indian Union, there were the following Courts :

2.8.36 Raj Nyaya Sabha comprised of two eminent judges was an Advisory Body over and above High Court. It made recommendation to the Ruler in cases which came up in appeal from the State High Court. It also tendered advice in the legal and constitutional matters to the Ruler.

2.8.37 At present, there are two cadres. Viz.,

(1) Himachal Pradesh Higher Judicial Service, consisting of:

(i) District and Sessions Judges,

(ii) Additional District and Sessions Judges,

(iii) Registrar, Registrar (Vigilance), Deputation and Leave reserve, and

(iv) President, District Forum.

and

(2) Himachal Pradesh Judicial Service, consisting of:

(i) Senior Sub-Judge cum Chief Judicial Magistrate,

(ii) Sub-Judge-cum-Judicial Magistrate First Class.

2.8.38 The initial recruitment to Himachal Pradesh Judicial Service is regulated by Himachal Pradesh Judicial Service Rules, 1973. The recruitment to the service is made by the Public Service Commission by competitive examination and viva-voce from amongst the advocates who have practiced at the Bar for a minimum period of three years.

2.8.39 A candidate on being recruited as Sub-Judge cum Judicial Magistrate First Class shall have to undergo practical training for one month with a Senior sub-Judge cum Chief Judicial Magistrate under the Supervision of the District and Sessions Judge. After his appointment to the service, he will be on probation for a period of two years.

2.8.40 There are 41 posts in the cadre in the pay scale of Rs. 2200-50-2400-60-2700-75-3000-100-4000. After 8 years of service, the Sub-Judge -cum- Judicial Magistrate First Class would be entitled to the senior scale of Rs. 3000-100-4000-125-4500. After 12 years of service, 20% of the cadre strength will be given the selection grade pay in the pay scale of Rs. 4125-125-5000-150-5600.

2.8.41 There are 12 posts of Senior Sub Judge -cum- Chief Judicial Magistrates in the Cadre.

2.8.42 There are 5 Leave Reserve posts, 5 Training Reserve posts and 7 Deputation Reserve posts in the cadre of H.P. Judicial Service.

2.8.43 Apart from the aforesaid 41+17 (leave reserve, etc.) posts created in the cadre, there are 10 temporary posts of Sub-Judges -cum- Judicial Magistrates.

2.8.44 The appointment to the Higher Judicial service is made by the Governor in consultation with the High Court.

2.8.45 There are 24 cadre posts in the H.P. Higher Judicial Service viz., 8 posts of District and Sessions Judges, 7 posts of Additional District and Sessions Judges, one post of Registrar, one post of Registrar (Vigilance), four posts for Deputation and Leave Reserve and three posts of President, District Forum.

2.8.46 Apart from these encadred posts, there are four temporary posts of District / Additional District and Sessions Judges.

2.8.47 33% of the posts are filled up by direct recruitment from amongst the advocates with seven years practice at the Bar. The remaining 67% of the posts are filled up by promotion from amongst the Judicial Officers of the cadre of Himachal Pradesh Judicial Service.

2.8.48 Direct recruits to the service will be on probation for a period of two years. A promoted officer will be considered for confirmation on completion of two years on his being appointed to the service.

2.8.49 The pay scale in the Higher Judicial Service is Rs. 3000-100-4000-125-5000-150-5600.

2.8.50 20% of the total number of duty posts are selection grade posts in the pay scale of Rs. 5000-100-5900-200-6700.

2.8.51 The District and Sessions Judges on selection grade are allowed to draw Ex-gratia three annual increments at the rate of Rs. 200/- p.m., even after they reach the maximum in the scale of Rs. 5000-6700.

2.8.52 The District and Sessions Judge / Additional District and Sessions Judge would be entitled to the selection grade post after 8 years of service on the basis of seniority-cum-merit.

2.8.53 Direct recruits who have practiced as advocates for more than 11 years in the Bar are entitled for one advance increment for each year of practice upto the maximum of five increments.

The Court of the District Judge shall be deemed to be the Principal Court of original jurisdiction in respect of original suits which do not exceed Rs. 5,00,000/- in value.

The senior Sub-Judge/ Subordinate Judge First Class with five years experience shall have jurisdiction in respect of original suits, the value of which does not exceed Rs. 2,00,000/-.

Other Sub-Judges shall have jurisdiction in respect of original suits up to the value of Rs. 50,000/-.

The High Court may, by notification in the Official Gazette, confer within such local limits as it thinks fit, upon the Senior Sub-Judge and any Subordinate Judge who has held the post for a period of not less than 5 years the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Causes Act, 1887, for the trial of Suits cognizable by such Court up to the value not exceeding Rs. 2,000/-.

An appeal from a decree or order of the District Judge or Additional District Judge exercising original jurisdiction shall lie to the High Court.

An appeal from a decree or order of a Subordinate Judge shall lie :

a) to the District Judge where the value of the original suit does not exceed Rs. 2,00,000/-.

b) to the High Court in any other case.

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