Subordinate Courts ( Important for APSC)

In the intricate hierarchy of the judicial organization in every state, the High Court reigns as the paramount body. It stands as the supreme legal authority, wielding the power to adjudicate on a wide range of issues. Below the High Court, the legal landscape unfolds into a mosaic of other courts that collectively constitute what is known as the subordinate judiciary.

These subordinate courts play a crucial role in the judicial system, as they handle a substantial volume of cases and provide access to justice at the grassroots level. The number and variety of these courts can vary from one state to another, and they serve as the backbone of the legal system, bringing the principles of justice closer to the people.

One of the distinguishing features of the Indian legal framework is the diversity in the jurisdiction and nomenclature of these subordinate courts across different states. Each state within the country has its own distinct set of laws and regulations, which often necessitates the establishment of specialized courts to deal with specific types of cases. This diversity is a testament to the federal nature of India’s legal system, where states have the authority to enact and enforce their own laws within the bounds of the Indian Constitution.

In the current scenario, the structure of the subordinate judiciary typically consists of three or more tiers of civil and criminal courts below the High Court. These tiers are designed to address cases of varying complexity and gravity. The lower courts, often known as district or trial courts, are the first point of contact for many legal disputes, and they handle a wide range of civil and criminal matters. As cases move up the hierarchy, they may eventually reach the High Court, which serves as the court of appeal and has the authority to review decisions made by lower courts.

This multi-tiered system ensures that justice is accessible to all citizens, no matter their location or the nature of their legal issue. It also allows for a more systematic and specialized approach to resolving legal disputes, as cases can be routed to the appropriate level of court based on their complexity and the relevant legal provisions. Consequently, the subordinate judiciary is a vital component of India’s legal framework, working in tandem with the High Court to uphold the principles of justice and the rule of law throughout the nation.

Subordinate Courts or Lower Courts 

The designation of “subordinate courts” stems from their hierarchical alignment with the respective State High Courts. Within every district across India, a diverse array of lower courts can be found, categorized into three primary branches:

• Civil Courts
• Criminal Courts
• Revenue Courts

Civil Courts

Civil cases revolve around conflicts that arise between individuals or entities concerning various matters, including property, contract breaches, divorce proceedings, or landlord-tenant disagreements. These intricate disputes are meticulously addressed by Civil Courts.

It’s important to note that Civil Courts do not administer penalties or punishments for violations of criminal law; their focus is exclusively on resolving civil matters. They handle issues related to property rights, inheritance, ownership disputes, and similar legal rights. To ensure a structured and fair resolution process, Civil Courts operate within the framework of the Civil Procedure Code, adhering to its guidelines for the proper adjudication of these cases.

Criminal Courts

Criminal cases revolve around the breach of established laws and regulations. They encompass a wide spectrum of offenses such as theft, dacoity, rape, pickpocketing, physical assault, and even the gravest of crimes like murder. In these instances, it is typically the police, acting on behalf of the state, that initiates legal proceedings against the accused in the lower courts.

If the accused is determined to be guilty, they may face a range of penalties, including fines, imprisonment, and in the most severe cases, even the possibility of a death sentence. The adjudication of these cases adheres to the precise procedures outlined in the Criminal Procedure Code and the Indian Penal Code, ensuring that justice is administered in accordance with the law.

Revenue Courts

Revenue courts are primarily responsible for handling matters related to land revenue within the state. At the apex of the district’s revenue court system stands the Board of Revenue.

The hierarchy of revenue courts beneath the Board of Revenue includes the Courts of Commissioners, Collectors, Tehsildars, and Assistant Tehsildars. Each of these plays a vital role in overseeing and managing land revenue cases at various levels.

The Board of Revenue serves as the ultimate appellate authority, hearing and rendering final judgments on appeals originating from all the subordinate revenue courts under its jurisdiction. This structure ensures the thorough and systematic administration of land revenue matters within the state.

Constitutional Provisions – Subordinate Courts

Within the Indian Constitution, the provisions from Article 233 to Article 237 in Part VI are dedicated to the regulation and safeguarding of the subordinate courts’ organization and their autonomy from the executive branch.

These articles address various aspects related to subordinate courts:

• Article 233 deals with the appointment of district judges.
• Article 233A, added by the 20th Amendment Act of 1966, serves to retroactively validate the appointments of specific district judges and the judgments they have delivered.
• Article 234 pertains to the recruitment of individuals, other than district judges, into the judicial service.
• Article 235 outlines the principles of control exercised over subordinate courts.
• Article 236 offers clarification on the interpretation of these provisions.
• Article 237 applies the regulations in this chapter to a specific class or classes of Magistrates, as required.

These constitutional provisions collectively serve to establish the framework for the organization and functioning of subordinate courts, ensuring their independence and efficiency in the administration of justice.

Structure and Jurisdiction of Subordinate Courts

• Structure and jurisdiction of subordinate courts are determined by individual states, leading to some variations between states.
•  Typically, there are three tiers of subordinate courts, handling both civil and criminal cases, operating below the High Court.
• The district judge, who holds the highest judicial authority in the district, has original and appellate jurisdiction in both civil and criminal matters.
• The district judge also serves as the sessions judge, adopting the title “district judge” for civil cases and “sessions judge” for criminal cases.
•  Sessions judges have the power to issue sentences, including life imprisonment and capital punishment (death sentence). However, any death sentence they pronounce must be confirmed by the High Court, irrespective of whether an appeal is filed.
•  Some states establish Panchayat Courts to handle minor civil and criminal cases, known by various names like Nyaya Panchayat, Gram Kutchery, Adalati Panchayat, and Panchayat Adalat. These courts facilitate the efficient resolution of local disputes.

Appointment of District Judges

Judges of subordinate courts are appointed by the Governor, in consultation with the Chief Justice of the relevant State’s High Court.

Qualifications for the position of district judge include:

• The candidate must not be currently employed by the Central or State government.
• The candidate should possess a minimum of seven years of experience as an advocate or pleader.
• The high court must recommend the candidate for the appointment to the position of district judge.

Control over Subordinate Courts

• The appointment of individuals, excluding district judges, to the state’s judicial service is made by the state’s Governor.
• The appointment process involves consultations with both the State Public Service Commission and the High Court.
•  In practice, the State Public Service Commission conducts a competitive examination for the recruitment of candidates to the state’s judicial service.

Control over Subordinate Courts

The High Court exercises authority over district courts and other subordinate courts, including matters related to appointments, promotions, leaves, and individuals within the judicial service of a state who hold positions lower than that of a district judge.

Interpretation

– The term ‘district judge’ encompasses a broad range of judicial roles, including judges of city civil courts, additional district judges, joint district judges, assistant district judges, chief judges of small cause courts, chief presidency magistrates, additional chief presidency magistrates, sessions judges, additional sessions judges, and assistant sessions judges.

– The phrase ‘judicial service’ pertains to a service composed of individuals specifically designated to occupy positions like district judges and other civil judicial roles that are subordinate to the district judge’s position.

Challenges

• The state of court infrastructure is in dire need of immediate attention. The inadequacy of infrastructure facilities in district and subordinate courts has emerged as a significant hindrance in the judicial system, contributing to the backlog of pending cases.

•  Historically, the development of judicial infrastructure, especially in subordinate courts, has been largely neglected. The responsibility for addressing this critical issue lies with both the Central Government and State Governments. It’s imperative that they prioritize this area to enhance the delivery of justice.

•  The shortage of judicial personnel in subordinate courts is a pressing concern. Several factors contribute to the high backlog of cases in these courts, including the poor judge-to-population ratio, prolonged and costly litigation due to procedural complexities and lawyers’ interests, subpar infrastructure, limited judicial staff, and the presence of weak alternate dispute resolution mechanisms.

Way Ahead

•  The National Mission for Justice Delivery and Legal Reforms is a pivotal initiative designed to tackle the twin challenges of case delays and arrears in the Indian judicial system. It aims to bolster accountability by setting and monitoring performance and enhancing capacity through training at various levels. This mission has the potential to significantly reduce the issue of high pending cases, a major concern for the subordinate judiciary.

• The committee believes that the regular implementation of measures such as morning/evening courts, holiday courts, Lok Adalats, and alternative dispute resolution mechanisms, wherever feasible, can play a vital role in alleviating the problem of pending cases within the subordinate judiciary.

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