Judiciary in Uttarakhand

Judiciary in Uttarakhand : The judiciary in Uttarakhand consists of the Uttarakhand High Court, district courts, and lower courts. The High Court of Uttarakhand is the highest judicial body in the state located at Nainital. It was established on 9 November 2000 after Uttarakhand was carved out of Uttar Pradesh.

Some key aspects covered in this article:

High Court of Uttarakhand

History and establishment
Jurisdiction
Benches
Chief Justices over the years
Strength and sanitation
Important judgments

District Courts

Hierarchy
Types of courts
Key responsibilities

Issues and challenges

Vacancies
Pending cases
Accessibility
Infrastructure

So let’s explore the judiciary system in Uttarakhand in detail:

High Court of Uttarakhand

The High Court of Uttarakhand is the highest judicial body in the state of Uttarakhand. It was established on 9th November 2000 after Uttarakhand was carved out as a separate state from Uttar Pradesh. The court currently functions out of Nainital.

History and Establishment

Uttarakhand was carved out as the 27th state of India on 9th November 2000 under the Uttar Pradesh Reorganisation Act, 2000.
Consequently, the Uttarakhand High Court was established on the same day at Nainital through a Presidential notification.
Justice Jagdish Bhalla, the senior most judge of the Allahabad High Court at that time, was appointed as the first Chief Justice of the High Court of Uttarakhand.
The High Court started functioning from 23rd March 2001.

Jurisdiction

The Uttarakhand High Court has jurisdiction over the whole state of Uttarakhand. Some key areas under its jurisdiction:

It has appellate, supervisory and writ jurisdiction in the state.
It can hear appeals against the decisions of the lower courts and tribunals functioning in Uttarakhand.
It has the power of superintendence and control over all courts and tribunals in the state.
It has the power to issue various kinds of writs.

Benches

The Uttarakhand High Court has sanctioned strength of eight judges. These judges sit in benches at Nainital to hear and decide cases.

Types of Benches:

Single Bench: Consists of one judge. It hears appeals from judgments of single judges of lower courts.
Division Bench: Consists of two judges. It hears appeals against the decisions of single benches of the High Court. It also issues writs.
Full Bench: Consists of three or more judges sitting together. It is constituted to settle an important question of law or interpretation.

In addition, circuit benches can be set up at other locations to provide access to justice for people living far from the High Court. Currently, there are no circuit benches functioning.

Chief Justices Over the Years

Here is the list of esteemed judges who have served as Chief Justices of the Uttarakhand High Court since its inception:

Chief Justice	Tenure
Justice Jagdish Bhalla	9th November 2000 – 4th November 2001
Justice Vinod Kumar Gupta	5th November 2001 – 21st June 2003
Justice V. K. Gupta	22nd June 2003 – 2nd April 2005
Justice Cyriac Joseph	2nd April 2005 – 12th June 2006
Justice Kedar Nath Singh	18th September 2006 – 26th June 2008
Justice Rajesh Tandon	27th June 2008 – 29th November 2009
Justice Barin Ghosh	30th November 2009 – 27th February 2011
Justice J.S. Khehar	28th February 2011 – 11th September 2011
Justice Alok Singh	5th December 2011 – 1st June 2013
Justice Rajiv Sharma	24th June 2013 – 4th January 2015
Justice K. M. Joseph	5th January 2015 – 4th July 2018
Justice Ramesh Ranganathan	5th July 2018 – 3rd July 2020
Justice Ravi Kumar Malimath	4th July 2020 – incumbent

Strength and Sanction

The Uttarakhand High Court has sanctioned strength of eight judges as per the latest notification. This includes:

Chief Justice – 1
Permanent Judges – 6
Additional Judges – 1

However, the working strength keeps varying depending on elevations, retirements and new appointments.

As of 2022, the Uttarakhand High Court has:

Chief Justice – 1
Permanent Judges – 5
Additional Judges – 1

So there are currently seven judges against the sanctioned strength of eight judges.

Important Judgments

Some landmark judgments passed by the Uttarakhand High Court:

Mandakini River Case (2019) – The court declared the Mandakini river and its tributaries as a living entity with rights, duties and liabilities of a living person. This gave the rivers legal rights against pollution.
Uttarakhand Forest Fires Case (2016) – The court imposed a complete ban on any kind of fire in Uttararakhand forests due to rising cases of wildfires.
Kedarnath Disaster Case (2014) – The court passed several directions to properly manage pilgrimage and prevent loss of life during Char Dham Yatra after the 2013 Kedarnath disaster.
Ganga River Case (2017) – The court declared Ganga and Yamuna rivers as legal entities/living persons entitled to all legal rights. This was aimed at preserving and conserving the rivers.

District Courts

District courts are the main trial courts in Uttarakhand below the High Court. Let us understand their hierarchy, types, roles and responsibilities:

Hierarchy

The district judiciary in Uttarakhand has four tiers in the following hierarchy:

Uttarakhand High Court

District and Sessions Judge Court

Civil Judge (Senior Division) Court

Civil Judge (Junior Division) Court

There are 13 districts in Uttarakhand and each district has this 4-tier structure under a District and Sessions Judge who heads the judiciary at district level.

Types of Courts

Within the district court hierarchy, there are Civil Courts as well as Criminal Courts such as:

Civil Courts

District Judge Court
Additional District Judge Court
Civil Judge Senior Division Court
Civil Judge Junior Division Court

Criminal Courts

Sessions Court
Additional Sessions Court
Chief Judicial Magistrate Court
Additional Chief Judicial Magistrate Court

In addition, there are dedicated special courts such as Family Courts, Labour Courts, Consumer Courts etc.

Key Responsibilities

The key roles and responsibilities of district and lower courts include:

Conducting trials in civil and criminal cases
Imposing punishment in criminal cases
Hearing appeals against orders of tribunals functioning in the district
Settling disputes between citizens and organizations
Providing speedy and affordable justice to common citizens

Issues and Challenges

While the judiciary in Uttarakhand is evolving, it also faces several issues and challenges:

Vacancies and Pending Cases

There are several vacancies across courts leading to high pendency of cases.
As of 2022, over 2.7 lakh cases are estimated to be pending across the High Court and lower courts.
At High Court itself, over 50,000 cases are pending as per latest data.

Accessibility and Connectivity

As Uttarakhand is a hilly state, accessibility of courts remains a challenge especially due to lack of connectivity.
Setting up of circuit benches can improve access but they have not been established yet.

Infrastructure Issues

Many lower courts face infrastructure problems such as lack of court rooms, housing for judges/staff, digital facilities etc.
The High Court building at Nainital also faces space and housing limitations.

Steps Taken to Improve Judiciary

Some recent steps taken by the Uttarakhand Judiciary and Government to tackle the challenges include:

Fast Track Courts – 159 fast track courts have been set up to expedite pending cases.
National Court Management Systems – NCMS has been adopted for digitization of court records.
Alternative Dispute Resolution – Emphasis is being given on alternate dispute resolution mechanisms like Lok Adalats to reduce burden on courts.

The State Government has also approved a proposal for establishing permanent benches of High Court at Dehradun and Srinagar.

Conclusion to Judiciary in Uttarakhand

Judiciary in Uttarakhand, the judiciary is an important pillar supporting democracy and rule of law in Uttarakhand. The High Court and district courts shoulder huge responsibilities to deliver justice. However, they are facing acute challenges like infrastructure gaps, staff vacancies and high pendency of cases. Concerted efforts between the judiciary and executive are needed to remedy these issues and build a robust judicial institution which can serve the geographically and culturally diverse population of Uttarakhand in a fair and efficient manner. The ultimate aim should be easy accessibility and timely delivery of justice to all citizens.

What is the hierarchy of courts in Uttarakhand?

The hierarchy consists of the High Court at the apex, below which are the District Courts headed by a District & Sessions Judge, followed by Civil Judge (Senior Division) Courts and Civil Judge (Junior Division) Courts.

How many judges are there in Uttarakhand High Court?

The Uttarakhand High Court has sanctioned strength of 8 judges including the Chief Justice. However, working strength of judges keeps varying and currently stands at 7.

What are some landmark cases by HC Uttarakhand?

Some landmark judgments passed by HC Uttarakhand include the Mandakini River case in 2019, Uttarakhand Forest Fires case in 2016 and judgement on 2013 Kedarnath disaster to regulate Char Dham Yatra.

What are the main issues faced by judiciary in Uttarakhand?

Key issues plaguing the Uttarakhand judiciary include huge vacancies across courts, infrastructure gaps, accessibility in remote hills and over 2.7 lakh cases pending across HC and lower courts.

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Judiciary in Uttarakhand