Power to appoint Kazis for any local area
Section 2 of the Kazis' Act, 1880 deals with power to appoint Kazis for any local area. Wherever it appears to the State Government that any considerable number of the Muhammadans resident in any local area desire that one or more Ka’zi’s should be appointed for such local area, the State Government may, if it thinks fit, after consulting the principal Muhammadan residents of such loca The Act came into force on 09 Jul 1880.
Wherever it appears to the State Government that any considerable number of the Muhammadans resident in any local area desire that one or more Ka’zi’s should be appointed for such local area, the State Government may, if it thinks fit, after consulting the principal Muhammadan residents of such local area, select one or more fit persons and appoint him or them to be Ka’zi’s for such local area.
If any question arises whether any person has been rightly appointed Ka’zi’ under this section, the decision thereof by the State Government shall be conclusive.
The State Government may, if it thinks fit, suspend or remove any Ka’zi’ appointed under this section who is guilty of any misconduct in the execution of his office, or who is for a continuous period of six months absent from the local area for which he is appointed, or leaves such local area for the purpose of residing elsewhere, or is declared an insolvent, or desires to be discharged from the office, or who refuses or becomes in the opinion of the State Government unfit, or personally incapable, to discharge the duties of the office.
Section 2, The Kazis' Act, 1880 (Act 12 of 1880).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Syed A. Khadir Chistty v. The State of Andhra Pradesh & Ors.
Court's Decision & Legal Precedent
DATE-VERIFIED Final Order body '17th March, 2021' matches index Final Order 2021-03-17 (order-1.pdf). s.2 empowers State to appoint one or more Kazis for the same local area after consulting principal Muhammadan residents — an existing Government Kazi has no monopoly / exclusive territorial right to block another s.2 appointment; challenge to a rival appointment may still lie on misconduct/unfitness grounds under s.2 removal architecture; matter remanded for enquiry into misconduct allegations before affirming appointment.
On this section: Teaches s.2 appointment architecture: plurality of Kazis for one local area is contemplated; appointment requires local Muhammadan desire/consultation; no exclusive monopoly in the first appointee; misconduct enquiry sits inside s.2 discipline.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 2
What have the courts held on Section 2 of the Kazis' Act?
Syed A. Khadir Chistty v. The State of Andhra Pradesh & Ors. (17 Mar 2021) is the leading judgment on this section among those set out below: Teaches s.2 appointment architecture: plurality of Kazis for one local area is contemplated; appointment requires local Muhammadan desire/consultation; no exclusive monopoly in the first appointee; misconduct enquiry sits inside s.2 discipline.
How do I find court cases under Section 2 of the Kazis' Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Kazis Act 1880 2, section 2 Kazis Act 1880, section 2 of the Kazis' Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Syed A. Khadir Chistty v. The State of Andhra Pradesh & Ors. (17 Mar 2021).
What should I read with Section 2 of the Kazis' Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 2 of the Kazis' Act come into force?
Section 2 of the Kazis' Act, cited as Kazis Act 1880 2, came into force on 09 Jul 1880, having been enacted on 09 Jul 1880. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.