Family Courts Act: Section 4 – Appointment of Judges

(1) The State Government may, with the concurrence of the High Court, appoint one or more persons to be the Judge or Judges of a Family Court.

(2) When a Family Court consists of more than one Judge,—

(a) each of the Judges may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force;

(b) the State Government may, with the concurrence of the High Court, appoint any of the Judges to be the Principal Judge and any other Judge to be the Additional Principal Judge;

(c) the Principal Judge may, from time to time, make such arrangements as he may deem fit for the distribution of the business of the Court among the various Judges thereof;

(d) the Additional Principal Judge may exercise the powers of the Principal Judge in the event of any vacancy in the office of the Principal Judge or when the Principal Judge is unable to discharge his functions owing to absence, illness or any other cause.

(3) A person shall not be qualified for appointment as a Judge unless he—

(a) has for at least seven years held a judicial office in India or the office of a Member of a Tribunal or any post under the Union or a State requiring special knowledge of law; or

(b) has for at least seven years been an advocate of a High Court or of two or more such Courts in succession; or

(c) possesses such other qualifications as the Central Government may, with the concurrence of the Chief Justice of India, prescribe.

(4) In selecting persons for appointment as Judges,—

(a) every endeavour shall be made to ensure that persons committed to the need to protect and preserve the institution of marriage and to promote the welfare of children and qualified by reason of their experience and expertise to promote the settlement of disputes by conciliation and counselling are selected; and

(b) preference shall be given to women.

(5) No person shall be appointed as, or hold the office of, a Judge of a Family Court after he has attained the age of sixty-two years.

(6) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of, a Judge shall be such as the State Government may, in consultation with the High Court, prescribe.

Simplified Explanation

Section 4 of the Family Courts Act, 1984 provides detailed provisions regarding the appointment, powers, and qualifications of Judges in Family Courts. This ensures that the judicial officers in these courts are suitably qualified and able to handle sensitive family-related matters. Let’s break down the section:

Subsection (1): Appointment of Judges

• “The State Government may, with the concurrence of the High Court, appoint one or more persons to be the Judge or Judges of a Family Court.”
  • The State Government, after consulting the High Court, has the authority to appoint one or more individuals to serve as judges in a Family Court. This provision establishes the procedure for filling judicial positions in Family Courts, ensuring that both the executive (State Government) and the judiciary (High Court) are involved in the selection process.

Subsection (2): Multi-Judge Family Courts

This subsection governs situations where a Family Court has more than one judge:

• (a) Powers of Judges:
  • “Each of the Judges may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force.”
    • Each judge in a multi-judge Family Court has the authority to exercise the powers granted to the court, either individually or collectively. This ensures flexibility in handling cases, where each judge may work on a different aspect or handle different types of cases.
• (b) Appointment of Principal and Additional Principal Judges:
  • “The State Government may, with the concurrence of the High Court, appoint any of the Judges to be the Principal Judge and any other Judge to be the Additional Principal Judge.”
    • In the case of multiple judges, the Principal Judge is the senior-most judge, with overall responsibility for the Family Court. The Additional Principal Judge assists the Principal Judge and may take on leadership duties when necessary.
• (c) Distribution of Court Business:
  • “The Principal Judge may, from time to time, make such arrangements as he may deem fit for the distribution of the business of the Court among the various Judges thereof.”
    • The Principal Judge is responsible for managing the workload and distributing cases among the judges. This ensures that the Family Court operates smoothly and efficiently.
• (d) Role of the Additional Principal Judge:
  • “The Additional Principal Judge may exercise the powers of the Principal Judge in the event of any vacancy in the office of the Principal Judge or when the Principal Judge is unable to discharge his functions owing to absence, illness or any other cause.”
    • If the Principal Judge is absent or unable to perform their duties (due to illness, leave, or vacancy), the Additional Principal Judge can take over the responsibilities temporarily.

Subsection (3): Qualifications for Appointment as Judge

This subsection outlines the qualifications required to be appointed as a Judge of a Family Court:

• (a) Judicial Experience:
  • The individual must have held a judicial office in India for at least seven years, or have served as a Member of a Tribunal or in any other post requiring special knowledge of law.
• (b) Legal Practice:
  • Alternatively, the person can qualify if they have been an advocate for at least seven years in a High Court, or in multiple High Courts in succession.
• (c) Other Qualifications:
  • The Central Government, with the approval of the Chief Justice of India, may prescribe additional qualifications for judges.

Subsection (4): Selection Criteria

This subsection specifies the guiding principles for selecting judges for Family Courts:

• (a) Protection of Marriage and Welfare of Children:
  • The selection process should prioritize individuals who are committed to preserving the institution of marriage and promoting the welfare of children. Judges should also have experience and expertise in conciliation and counselling, as these are key components in resolving family disputes.
• (b) Preference for Women:
  • The selection process should give preference to women judges, recognizing the importance of gender balance in handling sensitive family-related cases.

Subsection (5): Age Limit for Appointment

• “No person shall be appointed as, or hold the office of, a Judge of a Family Court after he has attained the age of sixty-two years.”
  • A person cannot be appointed as a judge of a Family Court if they are 62 years of age or older. This provision ensures that judges are in a position to serve for a reasonable period and continue to bring fresh perspectives to their role.

Subsection (6): Salary, Allowances, and Conditions of Service

• “The salary or honorarium and other allowances payable to, and the other terms and conditions of service of, a Judge shall be such as the State Government may, in consultation with the High Court, prescribe.”
  • The salary, honorarium, and allowances for Family Court judges will be decided by the State Government, in consultation with the High Court. The terms and conditions of service will also be determined in the same manner.

Summary:

Section 4 provides the legal framework for the appointment and qualifications of judges in Family Courts. The section:

• Authorizes the State Government, with High Court concurrence, to appoint judges.
• Allows the establishment of multi-judge Family Courts and defines their powers and roles.
• Specifies the qualifications for appointment, including judicial experience, legal practice, and other qualifications.
• Encourages the selection of judges committed to family welfare and prioritizes the appointment of women.
• Sets the maximum age for judges at 62 years and empowers the State Government to prescribe their salary and terms of service.

This section is crucial to ensuring that judges in Family Courts are suitably qualified, experienced, and committed to resolving family disputes in a sensitive and efficient manner.