The Munsif's Mother Tongue

Reform of the lower judiciary is imperative, but a national service will run roughshod over the federal principle, social justice and linguistic rights.

- Chandru Krishnaswami

Since the Government of India Act, 1935, the responsibility of governing the judiciary below the high court level has always lain with the provincial government. The Cons­titution categorises the Supreme Court as the Union judiciary. Though the appointments and transfers of high court judges are made in the name of the President, the entire expenditure of running high courts is borne by state governments. Earlier, states had some say in the appointment of high court judges, but after the advent of the collegium system even that has been removed.

Appointments to the subordinate judiciary, tho­ugh, are in the states’ purview. Entry-level civil judges (junior division) are recruited by state public service commissions (PSCs). In Tamil Nadu, one or two high court judges sit as “experts” on the interview committee. But district judges are selected directly by the high court—they are treated as a service under the state government and the power of superintendence rests solely with the court.  

Initially, the pay scales at entry-level judicial posts—magistrates and munsifs—were very low, almost equal to that of a lower division clerk in government service! It took long years of reform initiatives, beginning in the 1990s, before pay scales and other service conditions were rationalised by the Supreme Court. It also recommended a standardised nomenclature for posts across India, and a higher retirement age on the ground that entry into judicial service invariably takes place at a later age.