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PYQ 1200 Q/A Part - 1
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Kerala PSC India Year Book Study Materials Page 333
Book's First Pagecountry. Designations of courts connote their functions. These courts deal with all disputes of civil or criminal nature as per the powers conferred on them. These courts follow two important codes prescribing procedures, i.e., the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, Cr. P.C., 1973 and further strengthened by state level amendments. As per direction of Supreme Court in WP (Civil) 1022/1989 in the All India Judges Association case, a uniform designation has been brought about in the subordinate judiciary’s judicial officers all over the country, viz., District or Additional District Judge, Civil Judge (Senior Division) and Civil Judge (Junior Division) on the civil side and on criminal side, Sessions Judge, Additional Sessions Judge, Chief Judicial Magistrate and Judicial Magistrate, etc., as laid down in the Cr.P.C. Appropriate adjustment, if any, has been made in existing posts by indicating their equivalent with any of these categories by all state governments/UT administrations. Under Article 235 of the Constitution of India, the administrative control over the members of subordinate judicial service vests with the concerned High Court. Further in exercise of powers conferred under provision to Article 309 read with Articles 233 and 234 of the Constitution, the state government shall frame rules and regulations in consultation with the High Court exercising jurisdiction in relation to such state. The members of the State Judicial Services are governed by these rules and regulations. National Mission for Justice Delivery and Legal Reforms National Mission for Justice Delivery and Legal Reforms was set up in 2011 with the twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities. The Mission has been pursuing a co-ordinated approach for phased liquidation of arrears and pendency in judicial administration, which, inter-alia, involves better infrastructure for courts including computerization, increase in strength of subordinate judiciary, policy and legislative measures in the areas prone to excessive litigation, re-engineering of court procedure for quick disposal of cases and emphasis on human resource development. The Mission has taken several steps in each of the strategic areas towards fulfilment of its objectives. All States have formulated their Litigation Policies with a view to reduce the Governmental litigation. State governments have been requested in make an assessment of the impact of the State Litigation Policies on controlling proliferation of litigation by State agencies. Department of Legal Affairs have formulated National Litigation Policy, 2015, which is under active consideration of the Government. An important aspect of the judicial reforms relates to re-engineering court procedures and court processes for early disposal of cases. Process service has been identified as a major bottleneck for timely delivery of justice. A research note was prepared and circulated to High Courts for improving the process service in civil and criminal matters. A positive response has been received from several High Courts on the suggestions made in the research note. The subject matter of re-engineering of court process and case management is also under active consideration of the National Court Management System (NCMS) of the Supreme Court. Process re-engineering exercise is being carried out under e-Courts Mission Mode Project. For promotion of alternative methods of dispute resolutions, mediation centres are being set up in court complexes at District and Taluka levels. Government agencies are being encouraged to include arbitration/mediation clauses in government contracts. Shortage of judicial officers/judges in district and subordinate courts is one of the main causes for backlog and pendency of cases in courts. The National Mission has regularly pursued this matter with the