Paragraph 4 and 5 of the Sixth Schedule provides for administration of justice in Autonomous areas under the above paragraphs, the ADCs are empowered to constitute Courts for trials of cases between parties belonging to Scheduled Tribe Communities. The District Council Court for each district consists of qualified Judicial Officers, designated as Judges and Magistrates who are appointed by the Executive Committee with the approval of the Governor under The United Khasi-Jaintia Hills District (Administration of Justice) Rules, 1953.
Paragraph 5 of the Sixth Schedule provides conferment of powers on the District Council Courts suits or cases under the CPC and Cr. PC and these Courts have been exercising judicial authority, which have been of great service to the people, where delivery of justice is concerned.
Under The United Khasi-Jaintia Hills District (Administration of Justice) Rules, 1953, three classes of Courts have been provided, namely:-
i. Village Courts
ii. Subordinate District Council Courts and the Additional Subordinate District Council Courts.
iii. District Council Court and Additional District Council Court.
The above mentioned courts try all cases at different level when litigation is within the tribal areas and party or parties involved are tribals. They dispense justice in line with the traditional customs and usages at a very speedy, simple and inexpensive manner. Separation of the Judiciary from the Executive is in existence since the Constitution of the Courts. The Judicial Officers of the Courts of the District Council function independently and free from interference by the Executive.
The Judge and Additional Judge of the Courts of the Khasi Hills Autonomous District Council are conferred with powers for the trial of offences punishable with death and transportation for life under the Indian Penal Code or under any other law applicable. The District Council Courts are under the direct supervision by the Hon’ble High Court of Assam, Meghalaya etc. The District Council stands for speedy, cheap and free and fair administration of justice to the people under its jurisdiction.
In so far as Village Courts are concerned, they have been conferred with the power to try petty offences, but the said Courts are not empowered to convict and sentence a person for imprisonment, such other powers like awarding cost etc. are conferred upon such Court. In the same way District Council Courts are also been conferred with certain powers under Chapter III of The Code of Criminal Procedure.
The Courts under the KHADC: The Courts under the Khasi Hills Autonomous District Council are constituted under The United Khasi-Jaintia Hills District (Administration of Justice) Rules, 1953. These 'rules' were made by the United Khasi-Jaintia Hills District Council, with the previous approval of the Governor, in exercise of the power conferred on it by sub para 4 of paragraph 4 of the Sixth Schedule to the Constitution of India and are amended from time to time by the Khasi Hills Autonomous District Council.
The courts constituted by the District Council try suits and cases only between the parties all of whom belong to scheduled Tribes.
The various courts are as follows: -
FStrength of Judiciary Department:
- Judge (1)
- Additional Judge (1)
- Magistrate (3)
This site was last updated 05/21/15