2.11.1 The State of Kerala was formed by the integration of some of the territories of the erstwhile Madras Presidency with the remaining territories of Travancore - Cochin under the State Re-organisation Act, 1956.

2.11.2 Both the princely states of Travancore and Cochin had independent judicial system for the administration of justice. Col. Munro, who was the British Resident, Diwan of Travancore and the political agent of the State of Cochin was the Chief Architect of the legal system of Travancore and Cochin.

2.11.3 Prior to 1812, no planned legal system existed in the State of Cochin. The disputes were decided by the Desavazhis and Naduvazhis according to the custom of the land. Serious legal tangles were resolved by the Kariakkars, who were in charge of revenue and legal administration. Disputes, which were grave in nature, went to the Raja for redressal. The Raja administered justice with the able and effective assistance of Kariakkars who were well-versed in the field and Sastris, who had an in-depth knowledge of Dharma Sastras. Criminal justice was administered by Madambis and Swarupis. But, under the HUK-NAMAS of May 1812, revenue, judicial and police functions were separated. Under the HUK-NAMAS of April 1813, two Cheriya or Subordinate Courts were established at Tripunithura and Trichur and one Valia or Huzur Court with original and appellate jurisdiction was established at Ernakulam. The Huzur or Valia Court at Ernakulam was presided over by the Diwan, a Hindu and Christian Judge and a Sastri whereas the Subordinate Courts were presided over by a Hindu and Christian Judge and a Sastri. Courts were to decide disputes according to the provisions of Dharma Sastras and custom of the land. The Subordinate Courts are the predecessors of the District Courts at Ernakulam and Trichur and the Huzur Court is that of Cochin Chief Court.

2.11.4 Suits with the valuation of more than 3000 fanams (Rs.857/-) and all suits against white Jews were instituted in Valia Court. All other suits were instituted in the subordinate courts and are disposed of with a provision to prefer appeal to the Valia or Huzur Court.

2.11.5 In 1818, a proclamation was issued, by which ‘Valia’ Court was converted into a Court of Appeal and ‘Cheria’ Courts were converted into Zilla Court at Trichur and Anjikaimal Court at Ernakulam with unlimited pecuniary jurisdiction subject to the authority of the Court of Appeal. Civil and Criminal Procedure Codes were prepared and implemented during this period.

2.11.6 During 1835, Diwan Venkata Subbaiah and his associate Shri E. Sankara Warrier effected various relevant and contemporary transitions to the legal system prevalent in the State of Cochin. The Judges of Appeal Court were appointed as Circuit Judges to dispose of sessions cases.

2.11.7 In 1852, a Munsiff’s Court was established for the first time to dispose suits, the subject matter of which did not exceed Rs.100/- in value.

2.11.8 In 1868, the Circuit Courts were abolished and Zilla Criminal Courts were established and the scope of their jurisdictional ambit was widened.

2.11.9 By Regulation I of 1882, the following grades of Courts were constituted:

(i) Munsiffs’ Courts with ordinary jurisdiction upto Rs.500/- and small causes suits upto the value of Rs.25/-.

(ii) Appeal Court consisting of two Judges to dispose of appeals from the decisions of Zilla Courts in respect of the suits relating to immovable properties of value less than Rs.1000/- and in other cases upto the value of Rs.3000/-. However, the Court was to pronounce decisions only after confirmation of the same by the Raja.

(iii) Appeals in respect of suits of higher value were disposed of by a single Judge whose decision was appealable to the Raja’s Court of Appeal.

2.11.10 In 1884, administration of Criminal justice was completely re-organised by the enactment of Police Regulation, Cochin Penal Code and Cochin Criminal Procedure Code, which were the adaptations of the corresponding British India Acts.

2.11.11 By Regulation II of 1900, a Chief Court consisting of a Chief Judge and two puisne Judges replaced the Appeal Court and the Raja’s Court of Appeal. The Chief Judge of the Court of Appeal was the first Chief Justice of the Chief Court of Cochin.

2.11.12 By Regulation III of 1900, Zilla Courts were changed into District Courts and the ordinary jurisdiction of the Munsiff was raised from Rs.500/- to Rs.1000/- and their small cause jurisdiction to Rs.50/-.

2.11.13 By Regulation V of 1913, Village Panchayat Courts were established to dispose of suits of the value not exceeding Rs.30/-.

2.11.14 Various Regulations passed between 1909 and 1921 had conferred special jurisdiction with regard to insolvency, guardianship and administration matters on the District Courts.

2.11.15 In 1907, a separate District Magistrate was appointed for the whole State. There were 6 full-time Subordinate Magistrates under him.

2.11.16 In 1938, the Chief Court of Cochin was converted into High Court. The High Court of Judicature at Cochin functioned till 1st July, 1949.

2.11.17 Prior to 1812, there was one Principal Court consisting of Diwan and three Judges (one Nair and two Brahmins) and five Subordinate Courts, each consisting of three Judges (two Brahmins and one Nair) at Padmanabhapuram, Trivandrum and Ambalapuzha Mukhams, Vaikom and Alwaye.

2.11.18 Subordinate Courts had been invested with the power to investigate and decide all civil and criminal cases at the first instance within its respective jurisdiction.

2.11.19 Under the scheme devised by the English Resident Col. Munro and approved by the Rani in 1811 - 1812 A.D., Zilla Courts were constituted to enquire into all civil, police and criminal cases and submit the proceedings to Diwan. Eight Subordinate Courts presided over by the Sheristedar Judges were established and an Appellate Huzur Court attached to the Diwan’s Cutchery was also established.

2.11.20 In 1814, a Court of Appeal called the Huzur Court, consisting of three Judges and the Diwan was established for hearing appeals from the decisions of Zilla Courts.

2.11.21 In 1817, Tahsildars were invested with the power to try petty police cases as a tentative measure, confined to the Taluk of Shencottah.

2.11.22 In 1831 - 1832, Munsiffs’ Courts with jurisdiction to try petty police cases and to decide civil suits of the value of Rs.100/- were constituted.

2.11.23 In 1834, judicial administration in prototype to that of Madras Presidency was introduced. Powers were conferred on Panchayats to adjudicate petty suits.

2.11.24 By Regulation IV, Zilla Courts were re-organised by appointing a Hindu and a Christian Judge and a Pandit with unlimited pecuniary jurisdiction.

2.11.25 By Regulation V, an Appeal Court known as Sadar Court consisting of three Hindu Judges, one Christian Judge, a Sastri and a Mufti, similar to that of Madras Presidency came into force.

2.11.26 In 1834 - 1835, independent Magistracy was established.

2.11.27 In 1856 - 1857, three independent Sessions Courts were established.

2.11.28 In 1861 - 1862, Code of Civil Procedure based on the British India Act was introduced and Small Causes Courts were also established.

2.11.29 In 1866, a single Judge of the Zilla Court was empowered to try and determine civil and criminal cases. Jurisdiction of the Munsiff was raised in respect of suits upto the value of Rs.200/-.

2.11.30 The separation of Judiciary from the Executive was materialised in 1871 with the transfer of power with regard to the superintendence of Courts, vested with the Diwan to the ‘Sadar Court’.

2.11.31 Between 1872 and 1879, Diwan, who was exercising judicial functions as the Chief Magistrate was relieved of his functions and Diwan Peishkars, the commercial agent at Alleppey, the Conservators of Forests and the Superintendent of the Cardamom Hills were empowered with full powers of a Magistrate in their respective ranges.

2.11.32 In 1875, Special Magistrates were appointed by His Highness the Maharaja and invested with powers of Magistrates of First Class. They were empowered to try all cases within their cognizance and commit cases of grave offences either to the British Resident or to the High Court of Madras.

2.11.33 Another order was promulgated in 1876 appointing the Christian Judge of the ‘Sadar Court’ as the Special Appellate Judge to hear appeals from the Special Magistrate Courts.

2.11.34 In 1879, the ‘Sadar Court’ was reorganised to be presided over by three Judges and a Pandit for consultation on points of Hindu Law.

2.11.35 By introducing reforms, a single Judge was empowered to dispose of all matters, including the hearing of all regular appeals, the subject matter of which did not exceed Rs.700/-.

2.11.36 His Highness the Maharaja was the highest appellate Court of the land and heard appeals from the decisions of the ‘Sadar Court’.

2.11.37 During 1878-79, the following Courts for the administration of justice came to be established on the criminal side.

1. Taluk Sub-Magistrates

2. Divisional Sub-Magistrates

3. Magistrates

4. Zilla Criminal Courts

5. Sadar Court

2.11.38 Zilla Courts had been empowered to decide all cases committed to it by the Magistracy. However, where sentence to be passed was one of death or imprisonment for life, the case has to be referred to Sadar Court. But, sentence of death must be confirmed by His Highness the Maharaja.

2.11.39 Under the Regulations of 1980-81, the Magistracy was re-organised as follows:

1. Taluka Magistrates with Second and Third Class powers.

2. Divisional Magistrates with First Class powers.

3. Sessions Judge which is the re-designation of Chief Judge of Zilla Court.

2.11.40 In 1881, Travancore Civil Courts Regulation No.1 came into force. The pecuniary jurisdiction of the Munsiff was raised from Rs.200/- to Rs.500/-. He was also empowered to decide small causes suits upto the value of Rs.20/- under the said Regulation.

2.11.41 By another Regulation, High Court was established with a Chief Justice and four Puisne Judges and a Pandit to advice on points of Hindu Law. The powers of Single and Division Benches were clearly defined by this Regulation. Provision was also made to prefer appeal to the Maharaja.

2.11.42 In 1889, the number of Judges was reduced to four in the High Court. It was also decided that three Judges will constitute the Full Bench.

2.11.43 In 1890, the small causes jurisdiction of the Munsiff was raised from Rs.20/- to Rs.30/- and the decisions of the Zilla Judge on appeals in respect of the suits upto the value of Rs.60/- was made final.

2.11.44 In 1935-36, the following Courts were established:

Civil Side : 1. Village Panchayats

2. Munsiffs

3. District Judges

Criminal Side : 1. Magistrates of the First, Second and Third Classes.

2. Chief Magistrate of the District.

3. Magistrates including Benches of Honorary Magistrates.

4. Sessions Judges.

2.11.45 Consequent on the merging of Travancore and Cochin, the Travancore-Cochin High Court came into existence, by the Travancore-Cochin High Court Ordinance, 1949, on 7th July 1949.

2.11.46 The High Court of Kerala came into existence on 1st November, 1956. After re-organisation of the States, the Subordinate Judiciary in the State consisted of:

1. District Judges

2. District Magistates (now Chief Judicial Magistrates)

3. Subordinate Judges

4. Munsiffs

5. Judicial Magistrates of the First Class

6. Judicial Magistrates of the Second Class

7. Sub Divisional Judicial Magistrates.

2.11.47 Now, the Subordinate Judiciary consists of the Kerala State Higher Judicial Service and the Kerala Judicial Service. The former comprises the cadre of District Judges while the latter consists of Subordinate Judges, Chief Judicial Magistrates and Munsiff-Magistrates. Prior to 1991, the provisions of the Kerala Criminal Judicial Service were applicable for the initial recruitment and promotion of the Judicial Magistrates of the First Class, Second Class and Chief Judicial Magistrates.

2.11.48 Civil Judicial Service and Criminal Judicial Service were integrated into one Service known as the Kerala Judicial Service by framing the Kerala Judicial Service Rules, 1991. Recruitment to the Higher Judicial Service is made under the provisions of the Kerala State Higher Judicial Service Rules, 1961.

2.11.49 Under the Kerala State Judicial Service Rules, 1991, recruitment to the cadre of Munsiff-Magistrates is made by direct recruitment from amongst the Advocates with five years practice and by transfer of Assistant Public Prosecutors Grades I and II and Law graduates working in Courts and allied departments in the ratio 3 : 1. The High Court is the authority of recruitment. The officers so recruited shall be on probation for a period of two years on duty within a continuous period of three years. The officers will be initially on a basic pay of Rs.2,500/- in the scale of pay of Rs.2500-75-2800-100-4000. There are 210 posts in this cadre at present.

2.11.50 The post of Subordinate Judge / Chief Judicial Magistrate is purely promotional from the cadre of Munsiff-Magistrates, in the pay scale of Rs.3900-125-4775-150-5075. At present there are 71 posts in this cadre.

The Kerala State Higher Judicial Service consists of:

1. Selection Grade District Judges

2. District and Sessions Judges

3. Additional District and Sessions Judges.

2.11.51 The appointment to the cadre of District and Sessions Judges / Addl. District and Sessions Judges is made by direct recruitment from amongst the members of the Bar with seven years practice and by promotion from the cadre of Sub Judges / Chief Judicial Magistrates. The direct recruitment shall be one-third of the total number of permanent posts in the category of Selection Grade District Judges and District and Sessions Judges. There are 85 posts in the cadre of District Judges in the pay scale of Rs.5100-150-5700. Directly recruited District Judges shall be on probation for a period of two years within a continuous duty period of three years.

2.11.52 There are 11 posts in the cadre of Selection Grade District Judges carrying the pay scale of Rs.5900-150-6500-200-6700 in the Judiciary. These are purely promotional posts from the category of District and Sessions Judges.

2.11.53 The District Judges presiding over Motor Accidents Claims Tribunals and Special Judges are entitled for a special pay of Rs.290/- per month.

2.11.54 The District Courts and Subordinate Courts have unlimited pecuniary original jurisdiction.

2.11.55 Local limits of jurisdiction of the Subordinate Judges’ Courts shall be fixed by the Government in consultation with the High Court, from time to time. Similarly, the local limits of jurisdiction shall be fixed by the Government in consultation with the High Court, from time to time.

2.11.56 The pecuniary jurisdiction of the Munsiffs extends to all suits and proceedings, the subject matter of which does not exceed Rs.1,00,000/-.

2.11.57 Appeals from the decrees and orders of the Munsiff’s Courts and also of the Subordinate Judge’s Courts in respect of the suits, the subject matter of which does not exceed Rs.2,00,000/-, would lie to the District Court.

2.11.58 Officers recruited to the cadre of Munsiff-Magistrates are given pre-induction training for a period of 24 weeks.

2.11.59 Periodical orientation / refresher courses are conducted in the High Court as well as in District centres for all Judicial Officers.

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