Other Types of Courts in India

Earlier, India’s legal system was mostly dependent on courts for the resolution of judicial matters. The courts have established several precedents over the years that have greatly helped the Indian democracy maintain peace and harmony. The creation of tribunals and other courts has facilitated the faster resolution of specific disputes. Establishments of other courts have also helped the judiciary cope with a significant backlog of cases. The main level of courts and other courts have played a vital role in delivering justice and upholding the rule of law.

Key Takeaways

• Apart from the criminal and civil courts, other specialized courts and tribunals have been created in India to oversee particular legal domains.
• These include the National Green Tribunal (NGT), the Central Excise and Service Tax Appellate Tribunal (CESTAT), the Motor Accidents Claims Tribunal (MACT), the Rent Control Tribunal, the Railway Claims Tribunal, the Debt Recovery Tribunal (DRT), and so on.
• By reducing the number of cases that must be heard in regular courts and giving parties swift relief, these special courts aim to increase judicial efficiency.

The aim of these specialized courts is to enhance judicial efficiency by alleviating the caseload of conventional courts while promptly resolving issues for the concerned parties. The other types of courts in India are as follows:

• The Family Courts in India handle cases pertaining to matrimonial relief, such as annulment of marriage, judicial separation, divorce, restoration of conjugal rights, determination of the legality of marriage and an individual’s matrimonial status, property of either spouse or both, determination of an individual’s legitimacy, guardianship or custody of a minor, maintenance, and procedures under the CrPC.
• On September 14, 1984, the Indian government passed the Family Courts Act, 1984, establishing the family courts and encouraging conciliation as a means of securing a prompt resolution of marital and family related conflicts.
• The idea was to remove family and marital conflicts from the busy, overcrowded traditional courts of law and place them in a more congenial and understanding setting. Instead of “confrontation,” the goal was “conciliation” between the divided family members.
• The focus was on family conflict resolution using non-adversarial means. According to the Act, a party cannot be represented by counsel without the court’s express consent. But the court always gives its approval, and often a lawyer is the one representing the parties.
• The most distinctive feature of the Family Court’s procedures is that they are initially submitted to conciliation; the Court will only take up the subject for trial if the conciliation process is unable to settle the issue.
• The conciliators are experts that the court appoints. After a final order is made, the person who was wronged might file an appeal with the High Court. A bench of two judges will consider such an appeal.

• The Administrative Tribunals Act of 1985 was passed by Parliament and went into effect in July of the same year with the goal of relieving the backlog of cases that were waiting in the nation’s high courts and other courts.
• In November 1985, Central Administrative Tribunals were founded in Delhi, Mumbai, Kolkata, and Allahabad. There are now 33 Division Benches and 17 Benches of the Tribunal spread out over the nation. Agartala, Kohima, Imphal, Itanagar, Aizwal, Nainital, Ranchi, Pondicherry, Gangtok, Port Blair, Gwalior, Bilaspur, Jammu, Shimla, Indore, Gwalior, Gangtok, and Shillong are among the other locations where circuit sittings are conducted.
• In order to settle disputes pertaining to the appointment and terms of service of individuals appointed to public positions and services in connection with the operations of the Union or other local authorities operating within Indian territory or under the jurisdiction of the Indian government, as well as any issues related thereto or incidental thereto, the Central Administrative Tribunal (CAT) was established.
• The 42nd amendment to the Indian Constitution inserted Article 323 A. The Central Administrative Tribunal (Salaries and Allowances and Conditions of Employment of Chairman, Vice-Chairmen, and Members), Rule, 1985, as amended from time to time, governs the terms and conditions of employment for the Chairman, Vice-Chairmen, and Members.

• The Indian justice system, while robust, can be overburdened by lengthy procedures and a backlog of cases. Lok Adalats, meaning “People’s Courts,” offer a refreshing alternative. Established under the Legal Services Authorities Act of 1987, they provide a forum for resolving disputes amicably, fostering a sense of community and participation in the justice process.
• Lok Adalats function as a vital tool for Alternative Dispute Resolution (ADR). Unlike traditional courts that focus on adjudication, Lok Adalats prioritize conciliation.
• A panel of respected judges, lawyers, and social workers preside over proceedings, guiding parties towards a mutually agreeable settlement. This informality fosters a less stressful environment compared to the adversarial nature of regular courts.
• The scope of Lok Adalat is diverse. They handle a wide range of cases, including family disputes, bank recovery issues, labor disagreements, and land acquisition problems. This accessibility empowers citizens to seek resolutions for common issues without getting entangled in the complexities of the formal court system.
• The settlements reached at Lok Adalats are binding and enforceable, similar to court decrees. This legal sanction adds weight to the decisions made and discourages parties from reneging on their agreements.

• Under the Commercial Courts Act, 2015, commercial courts, commercial appellate divisions, and commercial divisions in high courts were established across India to specifically handle cases involving “commercial disputes” of a value greater than ₹3,00,000.
• These courts overlook cases that result from a variety of transactions, including export/import, maritime, franchising, distribution & licensing, consultancy, joint venture, intellectual property, insurance, investment agreements, etc.
• The method that commercial courts use differs from, and in some ways is tougher than, the approach that is often applied to the adjudication of other civil issues.

• Labor courts are an essential institution that protects workers’ rights and promotes a peaceful workplace culture. They offer a forum for quickly and equitably resolving conflicts, which promotes a more harmonious working relationship between employers and employees.
• In India, labor courts are specialist tribunals created to handle conflicts that may arise between employers and employees. They were created in accordance with the Industrial Disputes Act 1947 and are essential to preserving workplace peace and guaranteeing equitable treatment for employees.
• Labor courts make decisions on a broad variety of work-related matters, such as disputes over pay and bonuses; wrongful termination of employment; unfair labor practices; industrial accidents and compensation; contract interpretation; and wage recovery, among other things.
• Depending on the state, labor courts may handle somewhat different kinds of cases. However, they often handle issues covered by the Industrial Disputes Act’s Second Schedule.

In summary, India’s legal landscape has evolved to include specialized courts and tribunals, alongside traditional courts, to address various legal matters efficiently. These specialized courts, like Family Courts, Administrative Tribunals, Lok Adalats, Commercial Courts, and Labor Courts, cater to specific areas of law, such as family disputes, administrative issues, commercial conflicts, and labor disputes.

The establishment of these courts aims to reduce the burden on conventional courts, expedite the resolution of disputes, and ensure justice is accessible and timely for all parties involved. By adopting innovative approaches like conciliation and alternative dispute resolution, these courts foster a more collaborative and less adversarial environment. Overall, they play a crucial role in upholding the rule of law and promoting harmony in society.

What kinds of matters are heard by Lok Adalats?

• Any matter that is ongoing in court.
• Any disagreement that hasn’t been filed with a court yet is probably going to be.
• Except for cases involving crimes that cannot be resolved through legal compromise, all other disputes can be settled in Lok Adalat.

What are permanent lok adalats?

In order to provide a mandatory pre-litigative process for the conciliation and resolution of matters connected to public utility services, such as transportation, postal service, telegraph, etc., Permanent Lok Adalats have been established as permanent bodies consisting of a chairman and two members. In this case, even if the parties are unable to come to an agreement, the Permanent Lok Adalat has the authority to resolve the disagreement as long as it has nothing to do with a crime. Furthermore, all parties must abide by the Permanent Lok Adalat’s award, and the ruling of the Permanent Lok Adalat is final and binding on all parties.

What categories of cases do tribunals consider?

Tribunals often hear cases involving certain legal domains, including social security, employment, immigration, tax, and housing. Their purpose is to provide a less formal and more approachable forum for resolving disputes across different fields.

Which Indian court is the lowest?

The judicial system is divided into three tiers. The Court of Civil Judges (Junior Division) is the lowest level in the civil system. The Judicial Magistrate First Class holds the lowest authority in criminal proceedings among the courts. Small-dollar civil actions are decided by Civil Judges (Junior Division).

Who can approach a labor court?

• Workers: If an employee has a disagreement with their employer on anything that falls under the purview of the Labor Court, they may file a complaint with the Labor Court.
• Trade Unions: Licensed trade unions have the authority to bring legal action on behalf of their members.

What are Debt Recovery Tribunals (DRTs)?

DRTs are specialist tribunals that help banks and other financial organizations get their money back more quickly. They are renowned for managing loan defaults and recovery situations with expediency.

Reference:

• Legal Studies, Class XI- NCERT
• National Legal Services Authority
• Department of Justice

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