Family Courts Act: Section 23 – Power of the State Government to make rules

(1) The State Government may, after consultation with the High Court, by notification, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the provisions of sub-section (1) such rules may provide for all or any of the following matters, namely:–

(a) the salary or honorarium and other allowances payable to, and the other terms and conditions of Judges under sub-section (6) of section 4;

(b) the terms and conditions of association of counsellors and the terms and conditions of service of the officers and other employees referred to in section 6;

(c) payment of fees and expenses (including travelling expenses) of medical and other experts and other persons referred to in section 12 out of the revenues of the State Government and the scales of such fees and expenses;

(d) payment of fees and expenses to legal practitioners appointed under section 13 as amicus curiae out of the revenues of the State Government and the scales of such fees and expenses;

(e) any other matter which is required to be, or may be, prescribed or provided for by rules.

(3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

Simplified Explanation

Section 23 of the Family Courts Act, 1984 outlines the rule-making authority vested in the State Government for the implementation of the Act’s provisions. It provides the framework for creating rules to ensure the effective operation of Family Courts at the state level.

Key Provisions:

1. Rule-Making Power of the State Government:
   • The State Government, in consultation with the High Court, has the authority to make rules by notification for the purpose of carrying out the objectives of the Family Courts Act.
   • These rules are essential for managing the functioning of Family Courts at the state level, ensuring uniformity and compliance with the provisions of the Act.
2. Specific Areas for Rule-Making: The rules that the State Government can make may cover the following areas:
   • Salary and Terms for Judges:
     • The State Government can set the salary, honorarium, and other allowances for Family Court judges under Section 4(6), which is crucial for ensuring that judges are appropriately compensated.
   • Terms and Conditions for Counsellors and Court Staff:
     • The rules can define the terms and conditions of service for counsellors and other officers and employees supporting Family Courts, as outlined in Section 6.
   • Payment for Experts:
     • The State Government may set rules on the fees and expenses for medical and other experts or individuals helping in cases (such as those under Section 12), including their traveling expenses, ensuring that experts are appropriately remunerated.
   • Payment for Amicus Curiae:
     • Rules can be made for the fees and expenses for legal practitioners appointed as amicus curiae under Section 13, ensuring that they are paid from the state’s revenue.
   • Other Matters:
     • Any other aspects necessary to effectively carry out the provisions of the Act may also be covered in these rules.
3. Legislative Oversight:
   • After the rules are made by the State Government, they must be laid before the State Legislature. This provides a mechanism for accountability and oversight by ensuring that the legislature can review the rules and suggest modifications if necessary.

Purpose and Impact:

1. State-Level Governance:
   • The rule-making power allows the State Government to tailor the administration of Family Courts to suit the specific needs of the state, with the High Court’s consultation ensuring legal and judicial consistency.
2. Compensation and Resources:
   • By setting the terms of service, salary, and allowances, the rules ensure that judges, counsellors, and other employees of Family Courts are adequately compensated, which contributes to a professional and efficient court system.
3. Access to Expertise:
   • By regulating the fees and expenses for medical experts, legal practitioners, and other specialists, the rules help ensure that qualified professionals are available to support the courts and provide the necessary expertise to resolve family disputes.
4. Transparency and Legislative Oversight:
   • The requirement that all rules be laid before the State Legislature ensures transparency and gives lawmakers the opportunity to scrutinize the rules. This increases the accountability of the rule-making process and ensures that the administration of justice remains consistent with public policy.

Summary:

Section 23 gives the State Government the power to make rules, in consultation with the High Court, to implement the Family Courts Act. The rules can address various matters such as the salary of judges, the terms of service for court employees, and the payment of fees for experts and legal practitioners. These rules are subject to review by the State Legislature, ensuring transparency and accountability in the functioning of Family Courts.