Judicial Administration

Karnataka > Judicial Administration

Rajadharma (the laws defining the powers and duties of kings) influenced the rulers in ancient Karnataka for the administration of justice. This was one of the fundamental obligations/functions of the king. The word "Dushta shikshe, shista paripalana" in old inscriptions indicate that the king was to punish the wicked and protect the law-abiding. Rendering impartial justice that the king was to punish the wicked and protect the litigants were among the sacred duties enjoined on kingship. The administration of justice was an obligatory function of king an in its discharge he was helped by persons well versed in the Dharmashastras, and Smritis. The ancient texts of Manu, Kautilya, Yajnavalkya etc., had laid down rules regarding the structure and powers of the highest court at the capital and of lower courts established under royal authority.

The rules also provided for the recognition of the Peoples' courts having the power to decide on cases. The qualifications of Judges and the arbitrators had been clearly laid down. The village assemblies and professional guilds also had judicial powers, and disputes were mostly settled amicably. Emperor Bukka himself settling a dispute between the Srivaishnavas and Jains during the 14th century and another Vijayanagar Emperor sending the palace priest to settle a property dispute between the Jains and Brahmins at Lakshmeshwar during the 15th century are the classic examples on legal matters from Karnataka and Vijnaneshwara from Kalyana (llth century) wrote a celebrated commentary on the Yqjnavalkya Smrithi called Mitakshara and his elucidation of the law regarding the right of coparceners by birth and other members of Joint Hindu family in respect of ancestral property is accepted as an authority in the whole of India except in Bengal where the commentary of Jimutha Vahana is followed. The Hoysalas followed mostly the system of administration of justice handed down by the Gangas and the Chalukyas. During Vijayanagar days, there were certain specific laws like the law of treason, law of limitation, and the law governing enjoyment of service inams etc. During the period of Bahamanshahis and the Adilshahis (Muslim rulers) the king wa not only the ruler, but the judge, military leader and the religious head of the State. The Chief Justice was Sadar-i-jahan. He was assisted by Kazis and Ulemans. The Kotwal was in-charge of capital city. During the period of Hyder and Tipu, the revenue officers were entrusted with judicial functions. There was a 'Sadar' Court at the capital city and Kazis in other place.

In the princely Mysore, after the takeover of the administration of Mysore State by the British in 1831 the following courts were established. (1) The Amils, (2) Town Munsiffs 3) Sadar Munsiffs (4) Principal Sadar Munsiffs and 5) The Court of European Superintendents.

By 1862 the Huzur Adalat and the Munsiffs Court were abolished and the judicial hierarchy consisted of the Judicial Commissioner, the Superintendents of Divisions, the Deputy Superintendents and Amildars of Taluks. As regards criminal justice, the Judicial Commissioner, the Superintendents and Amildars of taluk were conferred with criminal jurisdiction also. Later in 1884 the Mysore Chief Court was constituted and later renamed as The High Court. In British possessions like Belgaum, Bellary areas, the British judicial system pervaded and there were District judges, civil judge and Munsiff for civil matters and the magistrate for criminal matters at the taluk. Village committees dispensed with petty crimes and disputes. There were the High Court, Federal Court and Privy Council in England as Courts of appeal. After unification (1956) the High Court became the highest court of judicature in the State. By the Karnataka Civil Courts Act of 1964 a three-tier system of courts under uniform designation prevailed. They were District Court (district Level); Civil Judge's Court (district or smaller area); and Courts of Munsiff in respect of Civil justice and District and Sessions Judge (District level) and the Judicial Magistrate First Class (other places) in respect of criminal cases. In metropolitan areas, the Chief Magistrate is to be designated as Chief Metropolitan Magistrate.

Besides there are Special Tribunals like Land Tribunals (for each taluk) and the Karnataka Appellate Tribunal, Labour Courts, Karnataka Administrative Tribunal (in Bangalore), Consumer's Redressal Forums, Consumer Courts, Income Tax Tribunal, Educational Tribunal etc. There are Legal Aid Boards, even at the district and Taluk level to provide legal assistance to the needy. The Advocate General is the Chief Legal Advisor and Advocate for the State. There is a Directorate of Prosecutions, functioning with prosecutors, Asst. Public Prosecutors assisting at the taluk level in respect of the Government cases. Lok Ayukta (1986) (formerly Vigilance Commission founded in 1948) looks into the cases against the public servants.

Since 40 per cent of the total number of civil cases arising in the State are from Bangalore, it was considered necessary to have a two-tier system for the purpose of speedy disposal of cases. Accordingly the Bangalore City Civil Courts Act 1980 was enacted. Under the Act in the Metropolitan City of Bangalore the City Civil Court were established.

As on 31-3-1992, there were 24 judges in the High Court, 35 District Judges including Additional Judges, two Judges of Family Courts, 73 Civil Judges, 20 Judges of Small Causes Courts, 209 Munsiffs, 35 District and Sessions Judges, 28 Metropolitan Magistrates, 247 Magistrates in the State in various courts. The total sanctioned strength of staff in the High Court was 1,117 and Subordinate Courts was 10,506. The sanctioned strength of Judicial Officers as on 31.12.1999 was District Judges 137, Civil Judges (Senior Division) 170, Civil Judges (Junior Division) 332, Totaling 639.

As in 1992-93 total number of civil cases for disposal in the High Court was 1,50,510 and of which, 32,808 cases were disposed off and out of 5,562 criminal cases for disposal 3,014 cases were disposed off. Similarly 6,25,689 civil cases were to be disposed off in 1992-93 in all other courts in the State, of which 1,79,139 cases were disposed off. Out of 5,44,242 criminal cases, 2,82,805 cases were disposed off. In addition, in Bangalore City as in 1992-93 1,34,810 civil cases were to be disposed off, of which 48,272 cases were disposed and out of 3,66,311 criminal cases, 1,01,086 cases were disposed. The total of 1106504 cases were pending as on 31.12.1999 of which 658131 was Civil and 448378 Criminal.

The following courts were establish in 1999. (1) III Additional District Sessions Court Tumkur; (2) court of Civil Judge (Senior Division) Maddur, (3) Court of Civil Judge (Senior Division) Kundapur and (4) District and Sessions Courts at Gadag, Haveri, Davanagere and Bagalkote.