2.21.1 The State of Rajasthan has emerged through a process of evolution by stages. The State which was initially known as the United State of Rajasthan was formed on 7th April 1949 comprising the areas of the former Rajasthan, the former Jaipur, Jodhpur, Bikaner and Jaisalmer States. The former Matsya State joined this Union on 15th May 1949. On the eve of the coming into force of the Constitution of India, the former Sirohi State minus the Abu area was brought into the fold of Rajasthan. Under the First Schedule of the Constitution, it was Part "B" State.

2.21.2 As a result of the Reorganisation of States, which came into force on 1st November 1956, the new State of Rajasthan was constituted by the exclusion of Sironj Sub-Division and the inclusion of Abu, Ajmer and Sunel areas.

2.21.3 Rajputana consisted of 18 States, two chiefships and five agencies under the Superintendence of the Governor-General's Agent. In former times, there was neither any written law emanating from the head of the State nor any system of permanent and regularly constituted Courts of Justice.

2.21.4 As Col. Tod has put it "Justice was tempered with mercy, if not benumbed by apathy". Crimes of grave nature were condoned by nominal imprisonment and heavy fine, while offences against the religion or caste, were dealt with rigorously. Capital punishments were rarely inflicted. In case of murder, common sentence would be fine, corporal punishment, imprisonment, confiscation of property or banishment.

2.21.5 The indigenous judicial system of the country was panchayet or jury of arbitration for settlement of all civil and of good many criminal cases. Each town and village had its assessors of justice elected by their fellow citizens and they served, as long as, they conducted themselves impartially in disentangling the intricacies of the complaints preferred to them. A person tried by Panchayet could appeal to the Chief of the State who could reverse the decision, but rarely did so. Another system of trial was by ordeal, especially when the Court of Arbitration had failed to arrive at a decision.

2.21.6 Such was the state of affairs in olden days and even as in 1867 law and system hardly existed in the State. Judges were without training and experience. Their retention of office depended on the capricious will and pleasure of the Chief.

2.21.7 Since then, however, great progress has been made. Some of the States enacted their own Codes and Acts based largely on those of the British India. While in others, British laws and procedure were generally followed. Every State had a number of regular Civil and Criminal Courts ranging from those of the District Officers to the final Appellate Authority.

2.21.8 Two kinds of Courts, more or less, peculiar to Rajputana deserve mention. They were the Courts of the Vakils and Border Courts. There were 5 Courts of Vakils at Deoli, Jaipur, Jodhpur and Udaipur and an upper court at Abu. They were established in 1844 with the special object of securing justice to the travellers and others who had suffered injury in territories beyond the jurisdiction of their own Chiefs. These Courts were simply courts of equity awarding both punishment to the offenders and redress to the injured. Though these courts were far from perfect they were well adapted to the requirements of the country.

2.21.9 Upper Court at Abu was composed of Vakils attendent and the Agent of the Governor General and usually presided over by one of his assistants. Its duties were almost entirely appellate, but sentences of the lower courts exceeding 5 years imprisonment or awards for compensation exceeding Rs.5,000/- required its confirmation.

2.21.10 Border Courts were some what similar to those courts of the Vakils. But, the procedure adopted in those courts was some what crude than that in the Courts of the Vakils. Those courts dealt with tribal quarrels, affrays in the jungle and the lifting of women and cattle and all the blood-feuds and reprisals. They consisted of British officers in political charge of the States concerned. There would be no appeal against the decisions in which both the officers concurred, but when they differed, the cases were referred to the Agent to the Governor General for Rajputana whose orders were final.

2.21.11 The Governor General in Council with the consent of the Rulers concerned established Courts of Magistrates at Abu, Sambhar, Dadwana and Pachbhadra. These Courts were subordinate to the Resident of Jodhpur who acted both as the District Magistrate and Sessions Judge. Governor General's Agent was the High Court.

2.21.12 There were Special Magistrates with First Class Magisterial powers and a Judge of the Small Causes for the lands occupied by the Indian Midland Railways. District Magistrates, Courts of Sessions and District Judges were appointed in Dholpur and Kutch limits. Governor General's Agent acted as the High Court for this area. Accordingly, Rajputana-Malwa Railway had First and Second Class Magistrates and Courts of Small Causes. The Commissioner of Ajmeer-Merwara was the Sessions Judge for the whole of the Railways in the Province. Governor General's Agent acted as the High Court.

2.21.13 In Mewar, administration of justice was usually confined to its local authority of the Purgunnah or District for the area under his management. These local authorities were vested with powers of taking cognizance and disposal of civil suits in general. They were also vested with powers to take cognizance of all criminal cases. They were empowered to inflict fine or imprisonment to a limited extent in respect of minor offences, but in no case, they were authorised to inflict capital punishment.

2.21.14 In 1870, Maharana Shambhu Singh took measures to improve the administration of civil and criminal justice. Civil and Criminal Courts were established. Civil Courts were conferred with jurisdiction to decide suits of the value upto Rs.2,000/-. Criminal Courts were empowered to impose a fine upto Rs.500/- and sentence upto one year imprisonment. A new Code of Law for the State of Mewar was enacted by the then Agent to Lt. Col. Keatinge. Administration of justice was dispensed with under the Codes of British India, Hindu Law and local customs.

2.21.15 In 1872-73, Indian Penal Code and Criminal Procedure Code were adopted and promulgated as the law of the land. Criminal cases were usually disposed of in accordance with the said enactments but death sentence was rarely passed.

2.21.16 Judiciary was streamlined. Naib Hakims were appointed to try petty cases such as those triable in British India by a Magistrate of Third Class. They were also conferred with powers to decide civil suits upto the value of Rs.500/-. Hakims of the Districts were authorised to dispose of civil suits not exceeding Rs.5,000/- in value. They could pass sentence of imprisonment upto a term of one year and impose fine upto Rs.500/-. He was the final authority in respect of suits not exceeding Rs.50/- in value. Appeals from the decisions of Hakims would lie to the Courts of Faujdar and Civil Judge at Udaipur.

2.21.17 The Court of Hakim Faujdar presided over by Faujdar was conferred with powers to sentence upto 3 years imprisonment and fine upto Rs.1,000/- and twelve stripes. He also heard appeals from the Court of the District Hakims.

2.21.18 Police Superintendent was the ex-officio Judge of the Small Causes Court to decide Small Cause Suits upto the value of Rs.50/- for Udaipur and its suburbs. In criminal cases, he was empowered to sentence one month's imprisonment and fine upto Rs.51/- and 12 stripes. There was no appeal against his decisions. Revision would lie to Mahendraj Sabha. In respect of more heinous offences, he held a preliminary police enquiry and sent cases to the Sadar Criminal Court for trial.

2.21.19 Further, the Court at Udaipur known as Hakim Diwani presided over by Civil Judge had original jurisdiction to decide suits from Rs.50/- to Rs.10,000/- and was also the appellate Court to hear appeals from the Courts of the Hakims.

2.21.20 Mahendraj Sabha or Judicial Council was the highest Court consisting of eight members with His Highness as the President. This council when attended by members only was called Ijlas-mamudi. It was the appellate Court against the decisions of Civil and Criminal Courts at Udaipur and also the Court of Police Superintendent and Hakim of Magra Zila. It had original jurisdiction to decide suits upto the value of Rs.15,000/- and it could also try criminal cases and award imprisonment of seven years and a fine of Rs.5,000/- and 24 stripes. However, all the decisions of the Judicial Council were subject to confirmation by the Maharana. This tribunal was called as Ijlas Kamil, whenever Maharana presided over the same to decide serious and important cases. It was the final Court of Appeal.

2.21.21 As per the Rules of Procedure drawn up in 1878 Jagir Courts were established at Jagir estates of first class nobles at Bari Sadri, Begum etc. These nobles could try all cases in which both the parties were subjects. Appeals from these Jagir Courts would lie to Maharana. Heinous offences such as, murder, sati, dacoity, highway robbery with homicide or threat to life, traffic in children and counterfeit of coins were to be reported to Maharana and the proceedings of the Jagir Courts had to be submitted for approval.

2.21.22 A portion of the Mewar State was occupied by Rajputana-Malwa Railways. Numerous British enactments were extended to that portion of Mewar State and Cantonment Magistrate of Nasirabad who was invested with the powers of Court of Small Causes and District Court was empowered to dispose of civil suits. Criminal cases were decided either by the Asst. Superintendent or Assistant Inspector General, Railway Police, who was invested with the Second and First Class magisterial powers or by Cantonment Magistrate or Nasirabad. The Commissioner of Ajmeer was invested with powers of a Session's Judge. Governor General's Agent was acting as the High Court.

2.21.23 In 1945, an independent High Court with powers of control and superintendence over the subordinate judiciary was established by Letters Patent. There were three puisne Judges constituting a final Court of Appeal. All non-judicial members and Jagirdars were excluded to participate in the court proceedings.

2.21.24 In the erstwhile Pratapgarh State there was seperate hierarchy of Criminal and Civil Courts. Criminal Courts were of two types viz., State Courts and Jagirdar Courts. State Council or Raj Sabha was the highest Court of adjudication in the State. It was empowered with both original and appellate jurisdiction in civil and criminal cases. It had jurisdiction to try civil suits of the value exceeding Rs.10,000/-. It exercised powers of appeal and revision over all the civil and criminal courts of the State. When this Court was presided over by Maharawat for trial of murder cases, it could pass a sentence of death. Raj Sabha was the final Court of Appeal. However, parties were permitted to file revision to Maharawat against the orders of the Raj Sabha on appeal.

2.21.25 Below the State Council or Raj Sabha there were courts of one First Class Magistrate and one Third Class Magistrate.

2.21.26 Civil Judge was conferred with powers of First Class Magistrate. He had also original jurisdiction to try suits of the value of not more than Rs.10,000/-. He was invested with the powers of Small Causes Court to hear and dispose of suits of the value not exceeding Rs.300/-.

2.21.27 After the merger of the princely States into Rajasthan, Pratapgarh was formed as a District. District & Sessions Court with headquarters at Pratapgarh was established for Chittaurgarh district under the administrative control of the High Court of Jodhpur.

2.21.28 In the erstwhile Jodhpur State, in 1839 certain courts were established in the Districts, as well as, at the Capital. The Hakim, the Karkun, the Munsiff, the Waqanavis and the Ittila-navis administered justice in the Districts. However, appeals were provided in all the cases except in cases of trivial nature. There were no set rules and regulations for conducting proceedings in these courts.

2.21.29 In 1870's concrete steps were taken to establish proper judicial system.

2.21.30 In 1882, Court of Sardars was constituted to command obedience of Jagirdars to its decrees.

2.21.31 In 1884 and 1886, Munsiffs' Courts were established to dispose of accumulated arrears. Judicial Superintendents' Courts were constituted for groups of Districts to inspect the work of Hakims and to dispose of such cases at the spot.

2.21.32 Mahakma-Khas with two members presided over by Maharaja was both the legislature and High Court for Jodhpur State. This was the highest Judicial Tribunal in the State both in civil and criminal cases.

2.21.33 In January 1886, Civil Procedure Code, Limitation Act, Evidence Act and Stamps Act and in March 1887 Criminal Procedure Code, based on similar enactments in British India with certain modifications to suit the local requirements were made and published.

2.21.34 In the trial of civil cases, courts followed the principles of Hindu Law and local usage.

2.21.35 In 1905, the following courts were existing :

1. Hawala Courts,

2. Hukumat Courts,

3. Jodhpur Kotwali Court,

4. Mallani Munsif Court,

5. Courts of Superintendent of Circles,

6. Civil Court or Sadar Diwani,

7. Criminal Court or Sadar Faujdari,

8. Appellate Court,

9. Court of Sardars,

10. Mahakma-Khas.

Apart from the above courts, Jagirdars were running their own courts as Kamdars.

2.21.36 Each Hawala Court was presided over by an official known as Daroga. One Hawala Court presided over by Superintendent was at Jodhpur. He was to hear appeals against the decisions of the Darogas. Darogas were empowered to hear civil suits not exceeding Rs.100/- in value provided both the parties were inhabitants of the village of the same circle.

2.21.37 Hukumat Courts were presided over by Hakims. These courts could decide suits of the value not exceeding Rs.500/-. In criminal cases, Hakim could pass a sentence of imprisonment upto four months and impose fine upto Rs.200/- and six stripes.

2.21.38 Appeals in civil cases against the decisions of Hakims and Superintendents would lie to the Civil Court or Sadar Diwani Adalat. This Court had appellate, as well as, original jurisdiction with certain conditions.

2.21.39 In criminal matters, appeals against the decisions of Hakims would lie to the criminal court or Sadar Faujdari Adalat. This Court had also powers to try original criminal cases.

2.21.40 The Appellate Court had jurisdiction to hear appeals from the decisions of the Civil and Criminal Courts. It also exercised jurisdiction to try original suits. However, it was a final court of appeal if the decrees of the lower Courts in civil cases were confirmed. Imposition of sentence not exceeding one year imprisonment and fine upto Rs.500/- in criminal cases, were usually non-appealable.

2.21.41 Courts of Sardars had both original and appellate jurisdiction in civil cases between the Rajput Jagirdars. It consisted of two tribunals, one under the Superintendent and another under Asst. Superintendent. Superintendent was empowered to decide suits of the value not exceeding Rs.2,000/-, as well as, miscellaneous cases. Appeals from the decisions of the Assistant Superintendent would lie to the Superintendent.

2.21.42 The Mahakma-Khas had full powers of revision and control over all the subordinate courts in civil and criminal matters.

2.21.43 In addition to the Courts mentioned above, there were some Jagirdars' Courts in Jodhpur. These Courts were headed by Jagirdars whose judicial powers were dependent on the grade to which they belonged. Appeals against the decisions of these Jagirdars' Courts would lie to Mahakma-Khas.

2.21.44 In 1912, Chief Court was established at Jodhpur replacing Mahakma-Khas of its judicial powers. It had original jurisdiction to decide suits of the value of more than Rs.10,000/-. The State of Jodhpur was divided into four circles, each headed by a Judicial Superintendent.

2.21.45 In 1924, District & Sessions Courts replaced Sadar Faujdari, Sadar Diwani and Courts of Sardars. Courts of Naib-Hakims were created.

2.21.46 In 1945-46, following Courts were in existence :

(i) Chief Court with original and appellate jurisdiction.

(ii) District & Sessions Courts with original and appellate jurisdiction in civil and criminal matters.

(iii) Judicial Superintendents' Courts with original jurisdiction in suits of the value between Rs.1,001/- and Rs.4,000/-. It was the appellate Court to hear appeals against the decrees of Hakims and Naib-Hakims. On the criminal side, it was invested with powers under Section 30 of Marwar Criminal Procedure Code and to hear appeals against the convictions by Magistrates of the Second and Third Classes. It also exercised the powers of District Magistrate.

(iv) Hakims' Court: Hakims on the civil side were empowered to try suits upto the value of Rs.1,000/-; on the criminal side, they were First Class Magistrates. Naib-Hakims were empowered to decide money suits upto the value of Rs.200/- on the civil side. They also exercised magisterial powers of Third Class Magistrates on the criminal side for the first two years after their appointment and thereafter, they would be empowered to decide civil suits of all kinds upto the value of Rs.500/- and magisterial powers of Second Class Magistrates on the criminal side.

 

2.21.47 Soon after the District Officer system akin to British Province was introduced in the princely State, the Courts of Subordinate Judges with jurisdiction to decide suits upto the value of Rs.4,000/- and Munsiffs with jurisdiction to try suits upto the value of Rs.1,000/- were also established.

2.21.48 Regular Courts were established in the Princely State of Bikaner in the year 1871 during the reign of Maharaja Sardar Singh. The State Council in the exercise of its powers created revenue, criminal and civil courts. Appeals against the decisions of each court would lie to the State Council which was the highest Court of Appeal. Petition could be submitted to Ijlas-e-Khas against the decisions of the State Council. Tehsil Courts were also established in each Tehsil headed by Tahsildar. Tahsildars were of two categories. Tahsildars exercising first class powers were empowered to impose a sentence of 3 months imprisonment or a fine upto Rs.50/- and the Tahsildars who were exercising second class powers were empowered to impose a sentence of imprisonment upto one month or a fine of Rs.30/-. At some places, Naib-Tahsildars were also appointed later.

2.21.49 In 1884-85, Central Civil and Criminal Courts at Bikaner were abolished and four Nizamats were created. These Courts were invested with powers similar to those exercised by the Central Courts in judicial matters. Appeals against the decisions of Nizamat Courts in civil and criminal cases would lie to the State Council. Nizamat Court presided over by Nazim had jurisdiction to decide suits of the value not exceeding Rs.10,000/-. On the criminal side, he could inflict a sentence of imprisonment not exceeding five years and fine not exceeding Rs.500/-. He was the appellate authority against the decisions of Tahsildars. Appeals against the decisions of Nazims would lie to the appellate Court which was constituted by the Regency Council of Maharaja Ganga Singh. Appellate Court could refer cases to the Regency Council at Bikaner, the highest Court of Appeal.

2.21.50 In the beginning of the 20th century, the following courts were in existence:

(i) Mahakma-Khas: The Court of His Highness the Maharaja. This Court had powers to pass death sentence in criminal cases. It was a revisional court against the decisions of the Council.

(ii) Council: This was the highest Judicial Court next to Mahakma-Khas, both on the civil, as well as, criminal side.

(iii) Appeal Court: It was a Court of Sessions to hear criminal cases. It had original jurisdiction to decide civil suits. It was also a court of appeal against the decisions of First Class Magistrates.

(iv) Nazims' Courts: They had first class magisterial powers, had original jurisdiction to decide suits upto the value of Rs.10,000/- and hear appeals against the decisions of the Subordinate Courts.

(v) Tahsildars' Courts: These courts were invested with second class magisterial powers and had original jurisdiction to decide suits upto the value of Rs.500/-.

2.21.51 One Bikaner City Munsiff's Court with jurisdiction to decide original suits upto the value of Rs.500/- and one Honorary Magistrate's Court at Bikaner with second class magisterial powers were in existence. The latter court had also been invested with small cause court's powers. Naib-Tahsildar Courts with III Class magisterial powers were empowered to try suits upto the value of Rs.300/-. One Honorary Magistrate's Court at Honar was functioning with powers of the Small Causes Court.

2.21.52 In 1910, a Chief Court was established with a Chief Judge and two other Judges. It had original, appellate and revisional powers in all civil and criminal cases along with supervisory powers over the work of the lower courts. Consequent upon the establishment of the Chief Court, the Appeal Court was abolished in 1910.

2.21.53 The administration of justice and the procedure followed by the Courts in the erstwhile Bikaner State was governed by the corresponding rules and regulations of the Government of India with certain modifications to suit the local custom and usage.

2.21.54 In 1922, High Court of Judicature was established at Bikaner with original, appellate and revisional jurisdiction in civil and criminal cases. Appeals from the decisions of the High Court could be preferred in certain cases to the Judicial Committee of the Executive Council, which like the Privy Council of Great Britain, was the highest Court in the State. Capital punishment could not be inflicted unless and until it was confirmed by the Ruler.

2.21.55 In 1922-23, Courts of the District Judges and Munsiffs were established at Bhadra and Hanumangarh.

2.21.56 In 1930, Civil Courts Act was passed, which conferred larger powers on the civil courts.

2.21.57 In 1940, judicial system was reorganised by introducing some changes in the constitution and jurisdiction of the Courts.

2.21.58 After the integration of this State with Rajasthan, the district was brought in line with other administrative units of Rajasthan.

2.21.59 In the early period of this century, various courts were established in the State on the model of British India Courts.

2.21.60 The State was divided into 3 Zilas of Districts, later on reduced to 2. Each District was under the authority of an official called Ziladar who exercised powers of III Class Magistrate. He was empowered to try civil suits of the value not exceeding Rs.100/-. Appeals against the decisions of Ziladars were heard and decided by Faujdar who was invested with powers of First Class Magistrates. He had jurisdiction to decide civil suits upto the value of Rs.10,000/-. The Council was the appellate authority against the orders of Faudars. The council was empowered to try all cases but sentence of death or transportation for life required confirmation of the Agent to the Governor-General in Rajputana.

2.21.61 Later on, Ijlas-council, a Sessions Court and Nizamat Courts were established. In February 1913, a Chief Court which was subordinate to Ijlas-council was created.

2.21.62 In 1918, Legislature Council consisting of eleven members, replaced the Chief Court and Sessions Court. It was the highest court in civil and criminal matters and was also the legislative body. On the original side, it exercised the powers of Sessions Court in criminal cases and that of the High Court in civil suits. On the appellate side, it was the highest court under the Ruler whose confirmation was required for death sentences, transportation for life and imprisonment over and above seven years. Besides this body, there were three more courts of adminsitration of justice in the State viz., (1) Adalat Faujdari (Criminal Court); (2) Adalat Diwani (Civil Court); and (3) Sagwara Zila Court with powers of Second Class Magistrate.

2.21.63 Later on, a High Court was established at Dungarpur.

2.21.64 In 1944-45 following eight courts were in existence and they continued till the merger of the State in Rajasthan.

(i) High Court,

(ii) Legislative Council or Raj Shasan Sabha,

(iii) Court of the Civil Judge at Dungarpur,

(iv) Court of the I Class Magistrate at Dungarpur,

(v) Court of the Second Class Magistrate at Sagwara,

(vi) Court of the Sub-Judge at Sagwara,

(vii) Court of the III Class Magistrate at Aspur, and

(viii) Court of the Munsiff at Aspur.

2.21.65 Till 1888, there was no written law in this State and cases were decided in accordance with the principles laid down under Hindu Sastras. Pandits were invariably consulted in more important matters. Highest Court in the State was known as Mahakma Nyaya or Nyaya Sabha, presided over by a senior Jagirdar, one or two pandits and a member of the State Council, but the ultimate Tribunal was the Ruler himself.

2.21.66 In 1888 for the first time, an attempt was made to codify the laws and by 1900, the following Courts were in existence in the State:

(1) Council;

(2) Hakim Dewani;

(3) Hakim Faujdari;

(4) Appellate Court;

(5) Kotwali Adalat;

(6) Jagiri;

(7) Fort Taragarh;

(8) Fort Nainwa; and

(9) Pargana Courts.

 

2.21.67 In 1909, the Appellate Court was abolished and its powers were transferred to the judicial branch of the Council.

2.21.68 In 1918, the lowest Court in the capital was that of the Kotwal. He decided petty civil suits of the value not exceeding Rs.25/-. On the criminal side, he could pass a sentence of one month's imprisonment or levy fine upto Rs.11/-. There were also Courts of Tahsildars and two Kiledars or Governors of the Forts of Taragarh (at the capital) and Nainwa. These Courts were invested with the same criminal powers as that of Kotwal. However, they were empowered to decide civil disputes upto the value of Rs.200/-.

2.21.69 The Court of the official known as Jagir Bakshi was empowered to decide petty suits in the estate of Jagirdars. Bundi City was a separate District under a City Magistrate.

2.21.70 Above these Courts, were the Courts of the Nazims situated in each of the Districts of Patan, Dei, Gendoli, Berundhan and Hindoli. These Nazims exercised both Civil and Magisterial powers. On the civil side, they had pecuniary jurisdiction upto Rs.2,000/-. On the criminal side, they were empowered with First Class Magisterial powers to inflict punishment upto one year imprisonment and fine upto Rs.100/-.

2.21.71 Superior Civil Court was Hakim Diwani and Criminal Court was Hakim Faujdari. They were located at the capital. These Courts heard appeals against the decisions of the lower courts. Council was the highest Court. It was the final appellate authority. Council presided over by Maharao could pass sentence of death.

2.21.72 In 1928, Indian Penal Code was introduced in the State. Later, various important British laws were made applicable to the State.

2.21.73 In 1940, Judicial Department was made independent of the executive control and High Court was established with two Judges.

2.21.74 In the same year, Darbar appointed a Judicial Committee to serve as the highest Court of appeal in civil suits of the value of Rs.5,000/- or more. It was the highest appellate authority, if the case was certified as fit for appeal by the High Court. After merger of the State, the High Court of Bundi was abolished.

2.21.75 Before 1875, there were no codified laws to administer justice. The cases were disposed of by taking the asistance of panchayats, wherever possible. Majority of the cases were dealt with by Hakims who combined both executive as well as judicial functions.

2.21.76 After Maharao Keshari Singh ascended the throne in 1875, he took keen interest in the administration. Separate civil and criminal Courts were established and codification of laws began.

2.21.77 In 1890, there were three classes of Courts viz., (1) those deriving their authority from Darbar; (2) those established by the Governor General-in-Council with the consent of Maharao; and (3) others or inter-statal. The lowest Court was that of Kotwal of Sirohi who could pass a sentence of imprisonment upto two weeks and fine upto Rs.25/- and decide civil suits of the value not exceeding Rs.25/-. Next in hierarchy came the Courts of various Tahsildars and Magistrates of Kharari (Abu Road). They were empowered to impose sentence of imprisonment upto two months and fine upto Rs.100/-. They had jurisdiction to dispose of civil suits of the value not exceeding Rs.300/-. Appeals against the decisions of these Courts would lie to the judicial officer who was both the District Magistrate and District Judge. Dewan was exercising the powers of Sessions Judge. He heard appeals against the decrees of the judicial officers and decided all suits of the value exceeding Rs.2,000/-. Important cases were submitted to His Highness for decision. He was also competent to impose capital punishment. He was the final appellate authority in all matters, either to alter or modify the order of any Subordinate Court.

2.21.78 Darbar had full jurisdiction throughout the State.

2.21.79 On October 7, 1940 High Court was established on the lines of those in British India. On the civil side, there was District & Sessions Court which had powers to try all original suits of the value exceeding Rs.5,000/- and to hear appeals from the decrees of the civil and subordinate Judges. On the criminal side, it had powers of a Court of Sessions, as well as, jurisdiction to hear appeals in all criminal cases decided by Magistrates. On the civil side, Court of the District Magistrate had original jurisdiction in all suits of the value upto Rs.5,000/- and appellate powers from the decrees of the Tahsildars and Thikana Courts. On the criminal side, the Court of the District Magistrate exercised powers of First Class Magistrates and it was the appellate Court against the convictions by Tahsildars and Thikana Courts.

2.21.80 With the reorganisation of revenue machinery in December 1940, civil powers which were hitherto exercised by Tahsildars were transferred to the newly appointed Sub-Judges. Magisterial powers of the Tahsildar at Pindawara and Sheogang were raised from second class to that of first class. Sub-Judges had jurisdiction to hear suits upto the value of Rs.500/-.

2.21.81 The Nibaj Thikana was the lowest Court to decide civil suits upto the value of Rs.500/- and invested with second class Magisterial powers. The Padir Thikana had jurisdiction to hear civil suits upto the value of Rs.3,000/- and exercised third class Magisterial powers.

2.21.82 From 1941 to 1946, Honorary Magistrates were appointed from time to time to deal with specified cases.

2.21.83 Some of the Panchayats were given powers to decide petty cases.

2.21.84 In the closing years of the 19th century, some sort of judicial set up was brought into effect in Alwar State. Highest Court was the Council presided over by the Ruler who could pass a sentence of death. Below the Council, there were Court of the District & Sessions Judge, Court of the Faujdar, Court of the Asst. Civil Judge in the City of Alwar and Courts of the Tahsildars. The Tahsildars were exercising third class Magisterial powers and had jurisdiction to decide civil suits upto the value of Rs.100/-. There was Bench of Honorary Magistrates in the City of Alwar with jurisdiction to decide suits of the value not exceeding Rs.200/-. Faujdar and Civil Judge could hear appeals against the judgment of the Courts of the Tahsildars. District and Sessions Judge was the appellate authority to hear second appeals. The High Court which was already in existence was reorganised in 1941. Courts of the Munsiff-Magistrate were set up during that period. Those Courts were invested with first class Magisterial powers. On the civil side, they could hear suits upto the value of Rs.3,000/-. After formation of United State of Matsya, a Bench of Matsya High Court consisting of a Chief Judge and two puisne Judges was set up.

2.21.85 Till the closing years of the 19th century, judicial administration in the State was of primitive kind. In the beginning of the 20th century, all the Tahsildars were invested with Magisterial powers. They were empowered to decide civil suits upto the value of Rs.100/-. Appeals against the decisions of the Tahsildars would lie to the Faujdar. He had jurisdiction to decide civil suits upto the value of Rs.1,000/-. The highest Appellate Court at that time was the State Council which exercised the functions of Sessions Court to try cases committed by Faujdar. A few leading Jagirdars of the State were also invested with second and third class Magisterial powers within their respective estates. Appeals against their decisions would lie to Faujdar.

2.21.86 In 1923-24, jurisdiction of the State Council was changed. It was no longer a final Court of appeal. A provision was made to prefer appeal to the Ruler for decision. The State Council was renamed as judicial and legislative Council consisting of one President and four Members. It exercised the powers of High Court. It was invested with appellate and criminal & civil jurisdiction. In criminal cases, where punishment of more than seven years rigorous imprisonment was awarded, approval of the Ruler was necessary. On the criminal side, two Courts of District Judges, two Courts of II Class Magistrates and four Courts of III Class Magistrates were established. On the Civil side, Sadr-Adalat Diwani with headquarters at Banswara and two Diwani Adalats at Garhi and Khandoo were established.

2.21.87 In 1940, the State Judicial Council was abolished and in its place High Court was established at Banswara with original, appellate and revisional jurisdiction in civil and criminal matters. Appeals against the decisions of the High Court would be made to Maharawal who alone enjoyed Royal prerogatives. His Court was named as Ijlas Alia.

2.21.88 In 1944-45, Ijlas Alia was renamed as Paramochashansthan (Highest Court).

2.21.89 In 1946-47, the following Courts were in existence in the State :

2.21.90 Prior to 1865, there was no regular and organised system of judicial administration in the erstwhile Udaipur State. Justice was administered by Hakims and Jagirdars who exercised their powers imperium in imperio.

2.21.91 During the reign of Maharana Shambhu Singh, an attempt was made to reform the work on both civil and criminal courts in the State.

2.21.92 In 1877, the Court of Maharana called Ijlas-Khas comprised of 15 members was established to hear appeals from the decisions of the subordinate Courts, both civil and criminal. It was the highest Court of appeal.

2.21.93 In 1880, Ijlas-Khas was replaced by Mahendraj Sabha consisted of 17 members and one of these members functioned as its Secretary.

2.21.94 In the beginning of the present century, Naib-Hakim was the lower judicial Court in the State. There were 35 Naib-Hakims in the State to assist Hakims who exercised both judicial and executive powers in the districts. There were 17 Hakims in the State. These Courts had powers to impose imprisonment upto one year and fine upto Rs.500/- in civil matters, they could hear suits upto the value of Rs.5,000/-. Appeals against their decisions could be made to the Civil and Criminal Courts at Udaipur. There was Mahendraj Sabha or Judicial Council consisting of 8 members and the Ruler was its President. It was called Ijlas-mamuli, if attended by members only. Ijlas-mamuli had powers to inflict sentence of imprisonment upto 7 years and fine upto Rs.5,000/- and 2 dozen stripes in criminal cases. On the civil side, it had jurisdiction to decide suits upto the value of Rs.15,000/-. However, all the decisions of this Court would be enforceable only after confirmation by Maharana. This Court, when presided over by Maharana in person was called as Ijlas-Kamil. It exercised full criminal and civil powers, both in civil and appellate cases.

2.21.95 In 1937, Chief Court replaced Judicial council.

2.21.96 In 1940, High Court consisting of Chief Justice and four Judges was constituted under Letters Patent, replacing the Chief Court.

2.21.97 On the civil side, Courts of the District Munsiffs were established at Bhilwara and Jahazpur. However, the Hakims and Naib-Hakims continued to exercise jurisdiction already conferred upon them. Appeals against the decisions of District Munsiffs would lie to the District Judge.

2.21.98 On the criminal side, the Collector was invested with powers of a First Class Magistrate. He was the appellate authority against the decisions of the Second and Third class Magistrates. Appeals against the decisions of the Collector would lie to the District and Sessions Judge at Bhilwara.

2.21.99 According to Kaulnamah entered into between Jagirdars and the Ruler, the 1st class nobles were invested with wide criminal and civil jurisdiction to exercise judicial powers in both civil and criminal matters in Jagir areas. Appeals against their decisions would lie to the District & Sessions Judge.

2.21.100 In 1942, these nobles were directed to recruit qualified judicial officers on fixed pay and proper service protection.

2.21.101 The aforesaid judicial set up continued till 1948.

2.21.102 Judicial Administration in Shahpura Chiefship which was merged with Bhilwara District after formation of Rajasthan State was well organised. Mahakma-Khas was the final Court of Appeal. It was presided over by the Ruler who was assisted by Kamdar, the Chief Executive Officer of the Chiefship. The said Court was empowered to hear both criminal and civil appeals against the orders and decrees passed by the criminal and civil courts in the chiefship. It was the final Court of Appeal in respect of revenue disputes.

2.21.103 Below Mahakma-Khas, there were two subordinate Courts, viz., (1) Judicial Assistant's Court and (2) Criminal Court. Judicial Assistant's Court was presided over by a Judge who exercised the powers of the Court of Session. Criminal Court was presided over by a Magistrate who was empowered to impose a sentence upto three years imprisonment and fine upto Rs.500/-. Below the Judicial Assistant's Court, there were Civil Court, Tahsildars' Courts and Honorary Magistrates' Courts.

2.21.104 In 1939-40, the Judicial Assistant's Court was abolished and in its place, the Court of the District Judge was established. It was the Court of appeal and revision against the judgements and orders of the Civil Judge. The Court of the Civil Judge had jurisdiction to decide suits upto the value of Rs.3,000/-. Below the Court of Civil Judge, there was the Court of Small Causes with powers to decide suits of the value upto Rs.50/-.

2.21.105 In 1940, High Court of Judicature presided over by Chief Justice was established. It was the highest Court of appeal in the Chiefship. However, the decisions of the High Court would lie in appeal to Mahakma-Khas comprised of the Ruler, Prime Minister and the Prince Regent.

2.21.106 Separation of Judiciary from the Executive was given effect to under the Reorganisation of 1940. Civil and Criminal powers of the Tahsildars were withdrawn. One Court of the Sessions Judge and another Court of the District Magistrate were established.

2.21.107 The aforesaid judicial set up continued upto the integration of the Chiefship in Rajasthan State in 1948.

2.21.108 In Jaisalmer State, the lowest Courts were those of Hakims. There were 16 Courts of Hakims in 16 Hukmats. 14 of them were empowered to punish offenders with imprisonment upto 15 days and fine not exceeding Rs.50/-. The remaining two Hakims and the City Kotwal were empowered to pass a sentence of imprisonment for one month. The Courts of Hakims had jurisdiction to dispose of civil suits. Most of the petty civil suits were decided by Panchayats of three or more members appointed by the parties concerned. If the parties could not agree to the decision of the Panchayat, they could approach Sultani Panchayat appointed by Hakim or Kothwal, as the case may be.

2.21.109 Appeals against the orders of Hakims and Kotwal would lie to Sadar Criminal Adalat. This Court was invested with powers to try criminal cases and to inflict sentence of imprisonment upto one year and fine upto Rs.300/-. In Civil cases appeals against the decisions of the Hakims and Sultani Panchayat would lie to the Sadar Civil Adalat. This Court had unlimited pecuniary jurisdiction to decide suits. Decrees passed by this Court for a sum exceeding Rs.5,000/- were subject to confirmation by the Resident. Here again, many of the suits were decided by Arbitrators chosen by the parties. Dewan could hear appeals against the orders of the Sadar Criminal and Civil Adalats. He had original jurisdiction to decide suits which could not be decided by the Sadar Criminal and Civil Adalats. Dewan had powers to pass sentence of imprisonment upto two years and impose fine of Rs.500/-. Sentences of imprisonment exceeding two years and sentences in cases of homicide and dacoity were subject to confirmation by the Resident. Court of the Resident was the highest court in the State.

2.21.110 There was no organised judicial set up at Nagaur till 1873. Then the Ruler sought to improve the situation by (1) suppressing crime with the aid of a strong police force; (2) establishing a powerful board of control called Mahakma Musahibat (later styled as Mahakma-Khas); (3) strengthening and reforming the administration of justice by creating new Courts and introducing statutory law; and (4) harnessing the powers of the leading nobles to harmonise with those of the State Law Courts, which were properly defined and classified into three grades.

2.21.111 With a view to command obedience of Jagirdars to the decrees of the State, a strong Tribunal by name Court of Sardars was established in 1882.

2.21.112 Two Munsiffs Courts were created in 1884 and 1886 to dispose of large number of suits. A number of Superintendents Courts were established at the Headquarters of some circles or groups of Districts. These Courts disposed of all cases near the spot and also exercised control and supervision over the work of the Hakims.

2.21.113 During 1885-86, Civil Procedure Code, Limitation Act, Evidence Act, the Stamp Act and Criminal Procedure Code were enacted.

2.21.114 By 1905, a well-defined judicial system had emerged in the State. There were three types of Courts namely, (i) those deriving their authority from the Ruler or the State Courts; (ii) those established by the Governor-General-in-Council; and (iii) Other Courts or inter-statal Courts.

2.21.115 Nine Hawala Courts, 23 Hukumat Courts, Jodhpur Kotwali, the Munsifi, the Courts of the 2 Superintendents of Circles, the Civil Court (Sadar Diwani), the Criminal Court (Sadar Faujdari), the Appellate Court, the Court of Sardars and the Mahakma-Khas belonged to the first group.

2.21.116 Eight Hawala Courts presided over by the darogas, decided civil suits of the value not exceeding Rs.100/-. The ninth Hawala Court was located at the capital. It was known as the Court of the Superintendent. He disposed of appeals against the decisions of the darogas.

2.21.117 The Hukumat Courts presided over by Hakims disposed of civil suits not exceeding Rs.500/- or with the permission of the Civil Court, upto the value of Rs.1,000/-. In criminal cases, the Hukumat Court was empowered to pass a sentence of imprisonment upto 4 months and fine upto Rs.200/- and order whipping not exceeding 6 stripes. Appeals from the decisions of the Hakims' Courts and also the Superintendent's Court would lie to the Civil Court, i.e., Sadar Diwani Adalat at the capital. That Court had also original jurisdiction not exceeding Rs.5,000/- or by order of the Appellate Court not exceeding Rs.10,000/-.

2.21.118 The Criminal Court, i.e., Sadar Faujdari Adalat considered of two Tribunals, one presided over by a Magistrate and another presided over by an Assistant Magistrate. The former exercised both appellate and original jurisdiction. He decided appeals from the decisions of (i) Hakims; (ii) Kotwal; (iii) two Superintendents; and (iv) Assistant Magistrates. On the original side, he could pass a sentence of imprisonment not exceeding 2 years and fine upto Rs.1,000/-. The Assistant Magistrate tried criminal cases punishable with imprisonment not exceeding 6 months and fine upto Rs.100/-.

2.21.119 The Appellate Court heard appeals from the decisions of the Civil and Criminal Courts, decided original suits exceeding Rs.5,000/- in value and all adoption cases in which Rajput Jagirdar was not involved and could pass sentence of imprisonment for 10 years and fine upto Rs.5,000/-.

2.21.120 The Court of Sardars exercised both original and appellate jurisdiction in all civil cases in which Rajput Jagirdars were parties. It consisted of two Tribunals, one under the Superintendent and the other under an Assistant Superintendent. The Assistant Superintendent disposed of insolvency proceedings and also decided suits not exceeding Rs.2,000/- in value as well as Miscellaneous Cases. The Superintendent heard appeals against orders of his Assistant and took up all cases beyond his jurisdiction. However, a Thakur nominated by Mahakma-Khas would associate with him as joint judge while deciding land disputes or adoption suits in which Tazimi Sardar was a party.

2.21.121 The Mahakma-Khas exercised full powers of Superintendence and control over all the Subordinate Courts. It was the highest Judicial Tribunal in the State exercising appellate or revisional jurisdiction against the decisions of the Court of Sardars, the Superintendent of Western Districts and the various Jagirdars' Courts. It was practically the final court of Appeal on both civil and criminal matters. However, capital sentences and orders in important cases in which the Jagirdars were involved required the confirmation of the Ruler.

2.21.122 Jagirdars' Courts were divided into three grades, namely, (i) those authorised to try civil suits not exceeding Rs.1,000/- in value and to pass a sentence of imprisonment for 6 months and fine of Rs.300/-; (ii) those exercising exactly half of these powers; and (iii) those which could decide suits of the value not exceeding Rs.300/- and inflict sentence of imprisonment for one month and fine upto Rs.100/-. Appeals against the decisions of the Jagirdars' Courts would lie to Mahakma-Khas.

2.21.123 The British Courts exercised civil and criminal powers over certain specified areas, viz., Railway line, Sambhar, Didwana, Kuchaman and Pachpadra Salt resources, etc.

2.21.124 In 1912, the Chief Court was established with all the judicial powers of the Mahakma-Khas. The said Court had original jurisdiction to decide suits of the value exceeding Rs.10,000/-.

2.21.125 In 1924, the District and Sessions Court replaced the Court of the Faujdari, the Civil Courts and the Courts of Sardars. Courts of Naib-Hakims were created for the first time.

2.21.126 After integration of all the princely States, the State of Rajasthan came into being. Under the First Schedule to the Constitution, it was part 'B' State and the Ordinance to consolidate and amend the law relating to Civil Courts in the State was promulgated on 24th January 1950. Under the said Ordinance, the following classes of subordinate civil courts in the State of Rajasthan were created:

1. Court of the District Judge,

2. Court of the Civil Judge,

3. Court of the Munsiff.

District Court and the Courts subordinate thereto are under the administrative control of the High Court at Jodhpur.

2.21.127 There are two categories in the Judicial Service, i.e. Higher Judicial Service, which is governed by the Rajasthan Higher Judicial Service Rules, 1969 and the State Judicial Service, which is governed by the Rajasthan Judicial Service Rules, 1955.

2.21.128 The Higher Judicial Service consists of District Judges (both selection scale and ordinary scale) and Addl. District Judges.

2.21.129 The State Judicial Service consists of two categories, namely, (i) Civil Judge /Additional Civil Judge (Senior Division) cum Chief Judicial Magistrate /Additional Chief Judicial Magistrate and (ii) Civil Judge /Additional Civil Judge (Junior Division) and Judicial Magistrate.

2.21.130 There are four scales of pay for Rajasthan Judicial Service Officers, namely, ordinary, senior, selection and super time. The promotion from the post of ordinary scale to senior scale is made 100% on the basis of seniority, from senior scale to selection scale 50% on the basis of merit and 50% on the basis of seniority cum merit and from selection scale to super time scale, 100% on the basis of merit.

2.21.131 Promotion from the post of Civil Judge/Addl. Civil Judge (Junior Division) to the post of Civil Judge/Addl. Civil Judge (Senior Division)-cum-Chief Judicial Magistrate/Addl. Chief Judicial Magistrate is made on the basis of seniority cum merit.

2.21.132 The recruitment to the lowest cadre of Civil Judge (Junior Division) cum Judicial Magistrate is made on the basis of competitive examination held by the Public Service Commission. Later on, promotion/scale is granted as indicated above.

2.21.133 The cadre strength of RJS as per the revised schedule together with the pay scale is as follows:-

1. Ordinary Rs.2200-4000 (old) 345

Rs.8000-13500 (new)

2. Senior Rs.3000-4500 (old) 115

Rs.10000-15200 (new)

3. Selection Rs.3700-5000 (old) 92

Rs.12000-16500 (new)

4. Super time Rs.4500-5700 (old) 23

Rs.14300-18300 (new)

2.21.134 The total number of courts of each category as on today are as follows:-

At present, there are 307 courts of Civil Judge/Additional Civil Judge (Junior Division)-cum-Judicial Magistrate, 154 Courts of Civil Judge (Senior Division)-cum-Addl. Chief Judicial Magistrate, and 32 Courts of Civil Judge (Senior Division)-cum-Chief Judicial Magistrate.

2.21.135 As per the present pay structure, each category of officer is entitled to get two scales, namely, the Civil Judge (Junior Division) gets ordinary as well as senior scale; the Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate gets senior as well as selection scale and the Civil Judge (Senior Division)-cum-Chief Judicial Magistrate gets selection as well as super time scale.

2.21.136 In Higher Judicial Service recruitment is made by direct recruitment as well as by promotion from amongst the officers of RJS in the ratio of 1:3. However, there is a rider that the number of direct recruitees will not exceed one third of the total cadre strength at any given point of time. As per the revised schedule, the total cadre strength of RHJS is 150, out of which, 44 posts belong to selection scale. However, in view of some judicial pronouncement, the cadre strength has been taken to be 234.

2.21.137 The total number of courts and Tribunals of District Judges/Addl. District Judges / Special Judges as on today is 171.

2.21.138 The ordinary pay scale of RHJS officers is Rs.5100-6300 (old) and Rs.16400-20000 (new). The selection scale is Rs.5900-6700 (old) and Rs.18400-22400 (new).

2.21.139 As on today 236 officers are working in Rajasthan Higher Judicial Service.

2.21.140 Rajasthan Civil Courts Ordinance, 1950 regulates the jurisdiction of the respective subordinate Courts.

2.21.141 Court of the Civil Judge (Junior Division) shall have pecuniary jurisdiction to hear and determine any suit or original proceedings, the value of which does not exceed Rs.25,000/-.

2.21.142 Court of the Civil Judge (Senior Division) has pecuniary jurisdiction to hear and determine any suit or original proceeding of the value not exceeding Rs.50,000/-.

2.21.143 District Court has unlimited jurisdiction to hear and determine all suits or original proceedings cognizable by civil courts. District Judge has also appellate jurisdiction from the decrees or orders of the Civil Judge (Junior Division). Appeal from the decree or order of the Civil Judge (Senior Division) would also lie to the District Judge.

2.21.144 The State Government may by notification in the official gazette fix and alter the local limits of the jurisdiction of any civil court from time to time.

2.21.145 The pecuniary jurisdiction of the civil courts in Rajasthan is as follows:-

1. Civil Judge / Additional Civil : Suits of the value upto Rs.25,000/-.

Judge (Junior Division)

2. Civil Judge / Additional Civil : Suits of the value exceeding

Judge (Senior Division) Rs.25,000/- & upto Rs.50,000/-.

3. District Judge / Additional : Suits of the value exceeding

District Judge Rs.50,000/- upto any limit.

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