Definition

Circuit courts in India refer to temporary or itinerant courts that hold sessions in various locations within a jurisdiction, particularly aimed at increasing access to justice in remote or underserved areas. These courts can be part of the higher judiciary, such as High Court circuit benches, or special tribunals that travel to different locations to hear cases.

Basis for Formation

Constitutional Basis

While the Indian Constitution does not explicitly mention circuit courts, Article 39A of the Constitution provides a broad foundation for ensuring access to justice:

• Article 39A: “The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.”

Statutory Basis

1. High Courts:

• Article 214 of the Constitution of India: Establishes High Courts for each state, allowing them to organize circuit benches to administer justice efficiently.
• Section 51(2) of the States Reorganisation Act, 1956: Provides for the establishment of a High Court Bench at a place other than the principal seat, which can function as a circuit bench.

2. Code of Criminal Procedure (CrPC), 1973:

• Section 9(3): Empowers the State Government to establish sessions divisions and courts of session within the state. This can include the establishment of circuit sessions to handle cases in remote areas.
• Section 11: Empowers the State Government to establish Judicial Magistrate courts, including special arrangements for circuit courts to deal with specific types of cases.

3. Civil Procedure Code (CPC), 1908:

• Section 13: Empowers High Courts to frame rules regarding the sitting of subordinate courts at different locations, effectively allowing the formation of circuit courts.
• Order IV, Rule 1: Allows for the establishment of circuit courts under High Court rules to ensure efficient judicial administration.

4. Customs Act, 1962:

• Section 129C: Provides for the establishment of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) benches, including the operation of circuit benches to hear cases in different locations.

5. Income Tax Act, 1961:

• Section 255(6): Allows for the formation of circuit benches of the Income Tax Appellate Tribunal (ITAT) to hear appeals in various locations to facilitate convenient and efficient resolution of tax disputes.

Government Orders and Notifications

• Circuit courts can also be formed through government orders or notifications issued by the executive branch or the judiciary. These orders are often based on the need to address case backlogs or to improve access to justice in specific regions.

Purpose

1. Accessibility: Ensures that justice is accessible to people in remote and rural areas, reducing the need for long-distance travel to court.
2. Efficiency: Helps in managing and reducing the backlog of cases in principal courts by distributing the caseload.
3. Specialized Justice: Can be tailored to handle specific types of cases, such as commercial disputes, family law matters, or tax cases, ensuring specialized attention.

Circuit courts in India are established to serve several important purposes, focusing on improving access to justice and judicial efficiency. Here are the primary purposes for their establishment:

Purposes of Establishing Circuit Courts in India

1. Accessibility to Justice:

• Geographical Reach: Circuit courts bring the judiciary closer to people living in remote, rural, or underserved areas, ensuring they do not have to travel long distances to access justice.
• Inclusive Legal System: By reaching out to marginalized communities, circuit courts help ensure that all citizens, irrespective of their location, have access to the legal system.

2. Efficiency in Handling Cases:

• Reducing Backlog: By distributing the caseload across different locations, circuit courts help reduce the backlog of cases in principal courts, speeding up the judicial process.
• Timely Disposal: These courts contribute to the timely disposal of cases, ensuring that justice is delivered without undue delay.

3. Specialized Justice:

• Handling Specific Cases: Circuit courts can be set up to handle specific types of cases, such as commercial disputes, family law matters, or tax cases, providing specialized and focused attention to these matters.
• Expertise Utilization: They enable the use of judicial expertise in specific fields, enhancing the quality of judicial decisions.

4. Cost-Effective Justice:

• Reducing Costs for Litigants: By holding court sessions closer to where people live, circuit courts help reduce the costs associated with traveling to distant courts, making the legal process more affordable for litigants.
• Efficient Use of Resources: Circuit courts allow for the efficient use of judicial resources, as they can be set up and dismantled based on the needs of the judicial system.

5. Public Confidence in the Legal System:

• Enhanced Credibility: By ensuring that justice is accessible and timely, circuit courts enhance public confidence in the legal system.
• Visibility of Judicial Processes: Bringing courts closer to the people increases the visibility of judicial processes, promoting transparency and trust in the legal system.

Examples of Circuit Courts and Their Functions

1. High Court Circuit Benches:

• Purpose: These are established to serve regions within a state that are far from the main High Court seat, ensuring that people in these regions have easier access to higher judicial forums.
• Function: High Court circuit benches hear cases and appeals that would otherwise be heard at the principal seat of the High Court, thereby reducing congestion and delays.

2. Tribunal Circuit Benches:

• Purpose: Various specialized tribunals, such as the Income Tax Appellate Tribunal (ITAT) and Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), establish circuit benches to handle disputes in different regions.
• Function: These circuit benches hear cases related to their specific areas of jurisdiction, such as tax disputes or customs issues, ensuring specialized and localized judicial processes.

3. District and Sessions Circuit Courts:

• Purpose: These are established to bring justice closer to people in large or sparsely populated districts.
• Function: District and sessions judges travel to different locations within their jurisdiction to hear cases, especially in areas where there is no permanent court.

Circuit courts in India are generally temporary in nature. They are established to function in specific locations for a certain period or for particular sessions, rather than being permanently stationed at those locations. Here’s a more detailed explanation:

Nature of Circuit Courts in India

Temporary Nature:

• Periodic Sessions: Circuit courts are designed to hold court sessions at various locations periodically. For example, a High Court judge may visit a remote area once a month to hear cases.
• Ad Hoc Basis: These courts can be established on an ad hoc basis to address immediate needs, such as clearing a backlog of cases in a particular region.
• Special Circumstances: Circuit courts can be set up temporarily to handle special circumstances or specific types of cases that require focused judicial attention.

Examples of Temporary Circuit Courts:

• High Court Circuit Benches: These are typically temporary and rotate between different locations within the jurisdiction of the High Court to ensure that people in distant areas have access to higher judicial forums.
• Tribunal Circuit Benches: Specialized tribunals, such as the Income Tax Appellate Tribunal (ITAT) and Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), often hold temporary circuit sessions in different cities to hear cases locally.
• District Circuit Courts: District judges may travel to different parts of their jurisdiction to hold temporary court sessions in areas without permanent court facilities.

Purpose of Temporary Nature

1. Flexibility:

• The temporary nature allows the judicial system to be flexible and responsive to the changing needs of different regions and the caseloads.

2. Resource Allocation:

• It ensures efficient use of judicial resources by deploying judges and court staff where they are most needed at any given time.

3. Accessibility:

• It enhances accessibility by bringing the court to the people, rather than requiring people to travel long distances to permanent court locations.

Conclusion

Circuit courts in India play a crucial role in ensuring that the judicial system is accessible, efficient, and responsive to the needs of the population. By addressing geographic, economic, and logistical barriers to justice, they uphold the principles of fairness and equality enshrined in the Indian Constitution and enhance the overall effectiveness of the judicial system.

Circuit courts in India are predominantly temporary, functioning periodically or as needed in various locations to ensure accessibility, efficiency, and responsiveness in the judicial process. Their temporary nature allows the judicial system to address specific regional needs and manage caseloads effectively, thereby enhancing the overall administration of justice.