2.9 JAMMU AND KASHMIR
2.9.1 Under the First Schedule of the Constitution of India, Jammu and Kashmir was Part 'B' State.
2.9.2 By the Constitution (Seventh Amendment) Act, 1956, Jammu and Kashmir became the Fourteenth State of the Union of India.
EARLY COURTS IN THE STATE :
2.9.3 Jammu and Kashmir was a Princely State. The judicial system in the State could be traced back to 1873. **
2.9.4 The hierarchy of courts at that time was as follows :-
Bates Charles Ellison - A Gazetteer of Kashmir-Part VII Sec. 1, 1873 p.96-98.i) Tahsildars (Civil) : The Tahsildars had jurisdiction to decide suits upto the value of Rs.100/-. They were empowered upto one month in criminal cases.
ii) Wajirs : The Wajirs had jurisdiction to decide civil suits upto the value of Rs.1,000/-. They were empowered to inflict imprisonment upto six months. They would hear appeals against the orders of the Tahsildars.
iii) City Court : This court had jurisdiction to decide suits upto the value of Rs.5,000/-. In criminal cases, this court was empowered to inflict imprisonment upto two years.
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iv) Sudder Adawlat : This court had unlimited jurisdiction to decide civil suits.
In criminal cases, this court could inflict imprisonment upto five years.
It was also a Court of Appeal against the decisions of Wajirs and City Court.
2.9.5 The Sudder Adawlat or the Chief Court in the province was presided over by a Judge. He was assisted by a Naib. The Judge of Sudder Adawlat was subordinate to the Governor of Kashmir. The Sudder Adawlat had jurisdiction to decide both civil and criminal cases. The Chief Judge of the Sudder Adawlat used to go on circuit to hear appeals from local courts.
2.9.6 The Governor was entrusted with the overall administration of the Valley of Kashmir. The Maharaja was the ultimate court of appeal.
2.9.7 In 1921, Jammu and Kashmir State Civil Courts Regulations provided for the establishment of the following Courts:-
i) The Court of Munsiff;
ii) The Court of Subordinate Judge;
iii) The Court of Additional Judge; and
iv) The Court of District Judge.
2.9.8 The High Court was the highest court with original and appellate jurisdiction. It was the Court of Appeal against the decrees and orders of the District Judges and Additional Judges.
2.9.9 In 1928, the High Court of Judicature consisted of the Chief Justice and two or more Judges. The Chief Justice and other Judges were to be appointed by the Maharaja and they were to hold office during his pleasure.
2.9.10 The District and Sessions Judges, Subordinate Judges and Munsiffs were appointed by the Maharaja on the recommendation of the High Court of Judicature.
2.9.11 After the promulgation of the Constitution of India, the President in consultation with the Chief Justice of India and the Sadar-i-Riyasat was the Appointing Authority for the Chief Justice of the High Court. The President in consultation with the Chief Justice of the High Court would appoint the High Court Judges. Sadar-i-Riyasat in consultation with the Chief Justice of the High Court was the Appointing Authority for District Judge. Sadar-i-Riyasat in consultation with the Public Service Commission and the High Court would appoint the Subordinate Judges.
PRESENT STRUCTURE OF THE JUDICIAL SET UP IN THE STATE :
2.9.12 At present, in Jammu and Kashmir, there are :
i) Higher Judicial Service, consisting of District and Sessions Judges / Additional District and Sessions Judges;
ii) District and Sessions Judges, Selection Grade; and
iii) District and Sessions Judges, Super-Time Scale.
There is also Civil Service (Judicial) consisting of
i) Sub Judges / Chief Judicial Magistrates; and
ii) Munsiffs / Judicial Magistrates.
2.9.13 The initial recruitment to the post of Munsiffs / Judicial Magistrates is regulated by Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967, on the basis of the written examination and viva-voce conducted by the Public Service Commission from amongst the Advocates with three years' actual practice at the Bar. After the selection and before his appointment as Munsiff, a candidate shall have to undergo technical training for a period of three months. During that period, he is allowed monthly allowance of Rs.200/-. The selected candidate shall have to pass a departmental examination to be prescribed by the High Court before he is confirmed as Munsiff.
2.9.14 The initial pay of the Munsiff/Judicial Magistrate is Rs. 8000/- in the scale of pay of Rs. 8000-275-12950. There are 56 posts in the Cadre.
2.9.15 Posts of Sub-Judge / Chief Judicial Magistrate and Sub-Judge/Judicial Magistrate are purely promotional posts from the cadre of Munsiff/Judicial Magistrate in the pay scale of Rs.10000-325-15200. There are 14 posts in the cadre of Sub-Judges / Chief Judicial Magistrates and 37 posts in the cadre of Sub-Judges / Judicial Magistrates.
2.9.16 The recruitment and promotion to the Higher Judicial Service are governed by the Jammu and Kashmir Higher Judicial Service Rules, 1983.
2.9.17 At present, there are 43 posts of District and Sessions Judges/Additional District and Sessions Judges, carrying the pay scale of Rs.12000-375-16500. 25 percent of the cadre is filled up by direct recruitment from amongst the Advocates with seven years' practice and the remaining 75 percent is filled up by promotion from the cadre of the Sub-Judges/Chief Judicial Magistrates.
2.9.18 There are nine posts of District and Sessions Judge (Selection Grade) to be filled up purely by promotion from the cadre of District and Sessions Judges / Additional District and Sessions Judges on the basis of merit and efficiency. It is in the pay scale of Rs.14300-400-18300.
2.9.19 The post of District and Sessions Judges (Super Time Scale) is also a promotional post from the District and Sessions Judges (Selection Grade). There are two posts in the Super Time Scale in the pay scale of Rs.16400-450-20000.
2.9.20 All the officers on appointment to the service in the substantive vacancies will be placed on probation for a period of two years. They shall have to undergo such training as prescribed by the High Court from time to time.
2.9.
21 JURISDICTION :(i) The court of the District Judge is the Principal Civil Court of original jurisdiction in the district without limit as regards the value.
(ii) The pecuniary jurisdiction of the Subordinate Judge shall extend to suits of such value not exceeding Rs.50,000/-.
(iii) The pecuniary jurisdiction of a Munsiff has been fixed
Rs.15,000/- and High Court may invest named Munsiff with pecuniary jurisdiction which may extend to suits the value whereof does not exceed Rs.25,000/-.The High Court, may, by notification in the official gazette confer upon any Subordinate Judge or Munsiff the jurisdiction of a Judge of the Court of Small Causes under the Small Causes Courts Act for the trial of suits cognizable by such courts upto such value not exceeding Rs.500/- in the case of a Subordinate Judge or Rs.250/- in the case of a Munsiff.
Appellate Jurisdiction :
An appeal from a decree or order of the District Judge or Additional Judge exercising original jurisdiction shall lie to the High Court.
An appeal from a decree or order of the Subordinate Judge or a Munsiff shall lie to the District Judge.
Territorial Jurisdiction :
The District Judge - within the civil district.
The Subordinate Judge - within the territorial jurisdiction of the
sub-division / tahsil.
The Munsiff - within the territorial jurisdiction of the
Tahsil as defined by the High Court.
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