Family Courts, Lok Adalat, Public Interest Litigation UPSC Notes | EduRev

Indian Polity for UPSC CSE

UPSC : Family Courts, Lok Adalat, Public Interest Litigation UPSC Notes | EduRev

The document Family Courts, Lok Adalat, Public Interest Litigation UPSC Notes | EduRev is a part of the UPSC Course Indian Polity for UPSC CSE.
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Family Courts

The Family Courts Act, 1984 aims at promoting conciliation in and securing speedy settlement of disputes relating to marriage and family affairs. These courts are to be set up in a city or town with a population of more than 10 lakhs or such other places as the state government may deem necessary.

 A high-powered Committee constituted under thechairmanship of Justice P.N. Bhagwati, Judge of Supreme Court, in September 1980, formulated a model scheme for adoption by States and Union Territories.

According to the model scheme, every citizen whoseannual income from all sources does not exceed Rs 6,000 is eligible for free legal aid. (In case before Supreme court the limit is Rs 9,000).

The limitation as to income is not applicable in disputes where one of the parties belongs to scheduled castes, scheduled tribes, vimukta jatis, nomadic tribes or is a woman or a child.

The State Legal Aid and Advice Boards have beenset up in accordance with the model scheme in most of the States.

The Boards have set up legal aid committees at HighCourt and district levels and in most of the places at Taluka levels also.

The Supreme Court Legal Aid Committee has beenset up for dispensing legal aid in cases coming before the Supreme Court of India.

Facts to be Remembered

  • No law of preventive detention made by Parliament will extend to that State. However, by the Constitution (Application J & K) Order, 1986, Article 249 has been extended to the State so that it would be competent to extend the jurisdiction of Parliament to the State in national interest by passing a resolution in the Rajya Sabha.
  • Parliament cannot make any law without the consent of the State Legislature relating to
    1.  alteration of name or territories of the State.
    2. international treaty or agreement affecting the disposition of any part of the territory of the State.
  • No proclamation of the E merg ency made by the President under Article 352 on the ground of armed rebellion shall have effect on the State of J & and K without the State Government's concurrence.
  • The Union cannot suspend the State Legislature on the ground of failure to comply with the directions given by the Union. In the event of a breakdown of the constitutional machinery provided by the State Constitution, Governor's rule is to be imposed.
  • However, in 1964, Article 356 and 357 were extended to that State and the President was authorised to take over the administration of the State in the event of a break-down of contitutional machinery.
  • Parliament was also given the power to legislate for the State during emergency under Article 356. (The first occasion when President's Rule under Article 356 was imposed in J & K was in 1986 to follow governor's rule).
  • The Union has no power to make a proclamation of Financial Emergency in the State.
  • The  Provisions of Part IV relating to the Dierctive Priciples of State Policy do not apply to J & K.
  • The fundamental right to property is still guaranteed in this State.
  • No amendment to the Constitution of India can extend to J & K unless it is so extended by an order of the President under Article 370(i).
  • By amendment of the Constitution order , the jurisdiction of the Comptroller and Auditor–General, the Election Commissioner, and the special leave jurisdiction of the Supreme Court have been extended to the State of J & and K.

 

Facts to be Remembered

  • No law of preventive detention made by Parliament will extend to that State. However, by the Constitution (Application J & K) Order, 1986, Article 249 has been extended to the State so that it would be competent to extend the jurisdiction of Parliament to the State in national interest by passing a resolution in the Rajya Sabha.
  • Parliament cannot make any law without the consent of the State Legislature relating to
    1.  alteration of name or territories of the State.
    2. international treaty or agreement affecting the disposition of any part of the territory of the State.
  • No proclamation of the Emergency made by the President under Article 352 on the ground of armed rebellion shall have effect on the State of J & and K without the State Government's concurrence.
  • The Union cannot suspend the State Legislature on the ground of failure to comply with the directions given by the Union. In the event of a breakdown of the constitutional machinery provided by the State Constitution, Governor's rule is to be imposed. However, in 1964, Article 356 and 357 were extended to that State and the President was authorised to take over the administration of the State in the event of a break-down of contitutional machinery.
  • Parliament was also given the power to legislate for the State during emergency under Article 356. (The first occasion when President's Rule under Article 356 was imposed in J & K was in 1986 to follow governor's rule).
  • The Union has no power to make a proclamation of Financial Emergency in the State.
  • The  Provisions of Part IV relating to the Dierctive Priciples of State Policy do not apply to J & K.
  • The fundamental right to property is still guaranteed in this State.
  • No amendment to the Constitution of India can extend to J & K unless it is so extended by an order of the President under Article 370(i).
  • By amendment of the Constitution order, the jurisdiction of the Comptroller and Auditor–General, the Election Commissioner, and the special leave jurisdiction of the Supreme Court have been extended to the State of J & and K.


Lok Adalat

Lok Adalats which are voluntary agencies at present, are monitored and overseen by the State Legal Aid and Advisory Boards.

It has proved to be a successful alternative forum for resolution of disputes through conciliatory methods.

The Legal Services Authority Act, 1987 has been enacted which provides a statutory footing to the legal aid movement.

Under the Act, there shall be legal service authorities at the Central, State and district levels. These authorities will have their own funds.

Further, the Lok Adalats which are at present informal agencies, will acquire statutory authority.  

Every award of the Lok Adalat shall be deemed to bea decree of a civil court or order of any other court or tribunal and shall be final and binding on all the parties to the dispute.  

It also provides that in respect of cases decided at aLok Adalat, the court fee paid by the parties will be refunded.

Public Interest Litigation

Any member of the public can now initiate a proceedings on behalf of the aggrieved person in either the High Court or the Supreme Court for enforcement of constitutional rights.

Under the new arrangements a  destitute citizen can file awrit petition even through a simple letter written on a post-card.

Cognizance of public litigation cases by the Supreme Court has added a new dimension to its role.

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