2.23 TAMIL NADU
A HISTORICAL ACCOUNT OF THE COURTS OF MADRAS :
2.23.1 Madras Patnam, the present site of Fort St. George, was a grant made by the Hindu Raja of Chandragiri called Chinnappa Naickar for the East India Company.
2.23.2 The history of the courts of Law in Madras falls into three distinct periods. The first period runs from 1600 to 1800; the second period is from 1801 to 1862; the third period synchronizes with the history of the present High Court.
2.23.3 The Charters dated 31
st December, 1600, 31st May 1609 and 4th February, 1622 granted powers to the East India Company to Chastise and correct all English persons committing any misdemeanour in the East Indias. As a result, the Choultry Court was formed from 1622 onwards.2.23.4 The Choultry Courts tried petty cases, Civil or Criminal. They remitted important cases, where English Subjects were involved, to England, while they persuaded the local Naik to deal with cases in which Indians were the parties. To meet the insufficiency of the Choultry Court, Streynsham Master in March, 1678, established the First Court of Judicature in Madras. Causes were decided according to the Laws of England. After 1678, the Justices of the Choultry, act as the Court of Execution, because Constables were attached to the Choultry Court. The jurisdiction of the Choultry Court was fixed at fifty Pagodas. The Presidency Officer of the old Choultry Court was called as the Chief Justice of the Choultry.
2.23.5 The Charter dated 9
th August, 1683, granted by Charles II emphasized the qualifications of the persons to preside in Court. On 22nd July, 1687, the First legally qualified person, Sir John Biggs, entered upon his duties as Judge-Advocate.
2.23.6 In 1687, East India Company issued a Charter dated 30
th December, 1687, to the Mayor, Aldermen and Burgesses of Madras, by which they constituted the Town of Fort St. George and all the territories thereunto belonging, not exceeding the distance of ten miles from Fort St. George, to be a Corporation, by the name of Mayor, Aldermen and Burgesses of the Town of Fort St. George and city of Madras Patnam. The Charter constituted the Mayor and Aldermen into a Court of Record. Appeal against the Order of the Mayor’s Court lie to the court of Admiralty where the value of the subject matter was about 3 pagodas. In terms of the Charter, the Mayor’s Court was duly constituted in Madras in 1688. Appeals were allowed to be preferred from the Mayor’s Court to the Governor and Council within 14 days of the Judgment where the subject matter of the litigation did not exceed one thousand pagodas. But, where the value of the suit exceed one thousand pagodas, a further appeal lay from the decision of the Governor and Council to the King in Council.2.23.7 After removing the Old Mayors Court, New Mayors Court, Madras was established in 1726. To curtail appeals in Small Causes, a New Court of Small Causes called the "Sheriff’s Court" was created. The Court of Directors was vested with the powers of the Sheriff’s Court and so, on 21
st July, 1729 the Sheriff’s Court was abolished. In 1763, the Mayor’s Courts were re-established under the revised Letters Patent.2.23.8 Thereafter, the Court of Requests was established to deal with Suits for the recovery of Small Debts. On 1
st November, 1798, the Court of the Recorder of Madras was established. The Recorder was required to be a Barrister of England or Ireland, with not less than 5 years standing. The Recorders’ Court was opened on 3rd November, 1798. At that time, about a dozen persons were admitted and enrolled as Advocates and Attorneys of the Court. Each of them was also sworn on as a Notary Public from the moment of their enrolment till the Supreme Court of Madras was established. The 12 Advocates and Attorneys of the Court constituted the Bar of Madras.
2.23.9 On 26
th December, 1800 the Letters Patent establishing a Supreme Court of Judicature at Fort St. George, was issued. The new Supreme Court was to be a Court of record. It was invested with a Jurisdiction similar to the Jurisdiction of the Kings Bench in England. From 1801 to 1862, Courts of two distinct descriptions existed in the Presidency of Madras, i.e. (1) the Courts established under and by the statutes and charters of the Justice granted by Royal Authority and presided over by Judges appointed by the Monarch of England, and (2) the other Courts were established by the authority of, and presided over by Judges appointed by the East India Company and which were usually denominated as the "Sudder and Mofussil Courts, the Company’s Courts or the Courts for the provinces". In 1802, the new system was introduced through Regulations. As per the Regulations, Native Commissioners were appointed with power to try Suits not exceeding in value of Rs. 80/-. The Registrars of the Zilla Courts had jurisdiction to try suits, Original or on Appeal from the Native Commissioners when the property in dispute did not exceed Rs. 200/-. Above Rs. 200/-, an appeal lay to the Zilla Judge. The Provincial Courts try appeals from the Zilla Courts and Original Suits referred to them by the Sudder Adalat. The Sudder Adalat consisted of the Governor in Council.2.23.10 The administration of Criminal Justice in the mofussil was administered through Magistrates and Assistant Magistrates. The Foujdari Adalat or the Chief Criminal Court, consisted of the Governor and Members of the council. In 1806, Zilla Courts were established in the Districts. In 1818, the Governor-General formally relinquished his right of hearing appeals from the Sudder Adalat at Madras. In 1820, by a statute, the Company’s Courts were vested with jurisdiction to hear "Suits brought by Natives against British Subjects residing, trading or holding immovable property in the interior". But, in 1836, the right of appeal to the Supreme Court from the Mofussil Court was taken away.
2.23.11 In 1843, the Provincial Courts of Appeal were abolished and new Zilla Courts were established with original jurisdiction of the value less than ten thousand rupees. Appeals from the new Zilla Courts would lie to the Sudder Adalat.
2.23.12 In 1820, the Zilla Magistrates were conferred with the jurisdiction to try British Subjects residing in the interior.
2.23.13 By the Act for the establishment of High Court of Judicature in India (24 and 25 Vict.C.104) passed on the 6th August, 1861, the Queen of England was empowered by Letters Patent to establish, a High Court of Judicature at Madras. In pursuance of this Act, Her Majesty Queen Victoria by Letters Patent dated 26
th June, 1862 and published in the Fort. St. George Gazette of 19th August, 1862, established the High Court of Judicature at Madras. Consequently the Supreme Court of Madras, the Court of Sudder Adalat and Foujdari Adalat were abolished. The new High Court was opened on Friday, the 15th August, 1862.2.23.14 The jurisdiction and powers of the High Court were required to be fixed by its Letters Patent. The High Court was also conferred with the powers of Superintendence over Subordinate Courts and to frame Rules. The High Court became the symbol of serenity, unity and power.
2.23.15 According to the Letters Patent, the High Court was vested with ordinary Original Civil Jurisdiction in respect of suits of every description, within the presidency town. Appeal from the Judgment of a single Judge would lie to a bench of the Judges. The High Court was also a Court of Appeal from all the decisions of Subordinate Civil Courts. The High Court was also vested with Jurisdiction to grant relief to the insolvents and in matrimonial matters, between Christian subjects of His Majesty and all the Admiralty, ecclesiastical, testamentary and intestate Jurisdiction of the Supreme Court. The High Court had original Jurisdiction also. The Original Criminal Jurisdiction of the High Court was in respect of all persons in and out of Madras.
2.23.16 The first Law Commission was constituted in 1834 which prepared the draft for codification of the penal law. It was followed by the Second Law Commission. The Code Civil Procedure, Indian Penal Code and Code of Criminal Procedure were enacted in 1859, 1860 and 1861, respectively.
2.23.17 In order to relieve the High Court at Madras of the pressure of work on the Original Side, City Civil Court was constituted under Madras City Civil Courts Act, 1892 (Act No. VII of 1892).
2.23.18 The Tamil Nadu Civil Courts Act, 1873 (Act No. III of 1874) came into force on the 1
st Day of March 1873. Under the Tamil Nadu Civil Courts Act, the Zilla Courts, Principal Sadar Amins and District Munsiffs were designated as District Courts, Subordinate Judges Courts and District Munsiffs Courts, respectively.2.23.19 In 1877, the Governor general of India in Council passed an Act No. IV to regulate the procedure and increase the Jurisdiction of the Courts of Magistrates in the Presidency Town. Under the said Act, the local Government with the sanction of the Governor General in Council could constitute divisions within the town of Madras and establish Presidency Magistrates Courts and appoint sufficient number of persons as Magistrates for Madras. Such Magistrates were called as Presidency Magistrates.
2.23.20 The Presidency Small Cause Courts Act, 1882 (Act No. XV of 1882) was passed to consolidate and assess the law relating to the Courts of Small Causes established in the Presidency Towns of Calcutta, Madras and Bombay. The said Act shall come into force on the First day of July, 1882. The Small Causes Courts at Madras comprised of a Chief Judge, and as many other Judges and the Registrar as the State Government thought fit.
2.23.21 The Criminal Courts in the District were re-organised under the Criminal Procedure Code and they continued till the enactment of the Government of India Act, 1915 Section 107 of the Government of India Act, 1915, contained a provision on the powers of the High Courts with respect to Subordinate Courts.
2.23.22 The Government of India Act, 1935, was enacted while Sir Owern Beasley was the Chief Justice of the Madras High Court. Under the Government of India Act, 1935, the powers to appoint and promote to the cadre of District Judges were conferred on the Governor of the Province in consultation with the High Court. The said Act of 1935 also contained a provision for the establishment of the Federal Court.
TAMIL NADU STATE JUDICIAL SERVICE :
2.23.23 At present, recruitment to the Subordinate Judiciary in Tamil Nadu is governed by the Provisions of Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules 1995. Selection to the Cadre of Civil Judges (Junior Division) / Judicial Magistrate of First Class is made by the Tamil Nadu Public Service Commission from amongst the practicing Advocates or Pleaders, having practiced as Advocate or as a Pleader for a period of not less than four years and Assistant Public Prosecutors Grade-I or Grade-II who have put in not less than four years of service and appointment is made by Government. Every person so appointed to the post of Civil Judge (Junior Division) / Judicial Magistrate of First Class shall from the date on which he/she joins duty, be on probation for a period of two years on duty within a continuous period of three years inclusive of the training. The newly recruited Civil Judges (Junior Division) / Judicial Magistrates of First Class are also given training for 12 weeks in various departments connected with the Judiciary and 2 weeks training by the High Court. As per the revised pay scale their pay is fixed in the scale of Rs. 9100-275-14050. At present, 376 Civil Judges (Junior Division) / Judicial Magistrates out of 408 posts are functioning in the State of Tamil Nadu.
2.23.24 The next higher cadre in the Tamil Nadu State Judicial Service is the Civil Judge (Senior Division). As per the revised time scale, their pay is fixed in the scale of Rs. 12000-375-16500. Civil Judge (Senior Division) is a promotional post from the cadre of Civil Judge (Junior Division) / Judicial Magistrate of First Class. However, as a special case selection of Civil Judges (Senior Division) was made once by direct recruitment in the year 1988. At present, 119 Civil Judges (Senior Division) are working in the Tamil Nadu State Judicial Service including deputation posts, out of 122 posts.
2.23.25 The posts of District Judges / Additional District Judges/ Additional District Judge-cum- Chief Judicial Magistrates/ Chief Metropolitan Magistrates are filled up by direct recruitment from amongst the members of the Bar/ Pleader with seven years of practice and by Promotion from the cadre of Civil Judges (Senior Division) at the ratio of 1:5.
2.23.26 At present, there are 97 Officers functioning in the cadre of District Judges in the pay scale of Rs. 15000-400-18600 including deputation posts out of 107 posts.
2.23.27 Every person appointed to the category of District Judge / Addl. District Judge / Chief Judicial Magistrate, by direct recruitment shall undergo :-
(i) training as Civil Judge (Junior Division) / Judicial Magistrate of First Class for a period of not less than 6 months;
(ii) training as Civil Judges (Senior Division) for a period of not less than 6 months; and
(iii) training in Forensic Science for a period of not less than 2 months.
2.23.28 Further, they shall be on probation for a total period of 2 years on duty within a continuous period of three years. Order declaring the completion of probation shall be issued by the High Court.
2.23.29 The post of District Judge (Super Time scale) is purely promotional post from the cadre of District Judge/ Addl. District Judge/ Chief Judicial Magistrate, who should have five years of service in the said cadre. At present, there are 10 District Judges (Super Time Scale) functioning in the Tamil Nadu Judicial Service, out of 18 posts in the time scale of Rs. 16400-450-20000.
JURISDICTION :
2.23.30 The High Court shall fix and may from time to time modify, the local jurisdiction of District Munsiff. The pecuniary jurisdiction of the Court of the Civil Judge (Junior Division) in respect of Suits and Proceedings is fixed at Rs. 30,000/-. The Small Cause Jurisdiction of the Civil Judge (Junior Division) is Rs. 5,000/-. All the Civil Judges (Junior Division) also have the power to try Rent Control cases.
2.23.31 The State Government shall fix the local Jurisdiction of the District Court or Subordinate Judge’s Court from time to time under the Tamil Nadu Civil Courts Act, 1873. Appeals from the decrees or orders of Civil Judge (Junior Division) shall lie to the Subordinate Judge, Civil Judge (Senior Division). The Civil Judge (Senior Division) has unlimited pecuniary jurisdiction in respect of Original Suits. Civil Judge (Senior Division) has also Small Cause Jurisdiction up to Rs. 20,000/-.
2.23.32 Appeals from the decrees and orders of Subordinate Judges shall lie to the High Court when the amount or value of the subject matter of the Suit exceeds Rs. 3,00,000/-.
2.23.33 All the District Courts and the Courts in the cadre of Civil Judges (Senior Division) have been constituted as Motor Vehicle Accident Claims Tribunals. Civil Judges (Senior Division) have also been invested with Appellate powers to try Rent Control Appeals.
2.23.34 The Additional District Judge-cum-Chief Judicial Magistrates is the head of Criminal Unit in respect of Judicial Magistrates and Principal District Judge is the Head of the District Judiciary, both Civil and Criminal Courts in so far as, Civil Judges (Senior Division) and Civil Judges (Junior Division) are concerned.
JURISDICTION OF CITY CIVIL COURT :
2.23.35 The pecuniary jurisdiction of the City Civil Court is fixed at Rs. 10 lakhs in respect of all suits and other proceedings of civil nature arising within the City of Chennai with effect from 1-12-1995.
2.23.36 Suits above the value of Rs. 10 lakhs shall be filed in the High Court.
2.23.37 An appeal shall lie to the High Court from any decree or order appealable under the provisions of the Code of Civil Procedure, 1908, in any Suit or Proceeding where the amount or value of the Subject matter exceeds Rs. 3 lakhs. If the amount or value of the Subject matter is below Rs. 3 lakhs, then an appeal shall lie before the Principal Judge, City Civil Court, Chennai.
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