Subordinate Courts: The Backbone of India’s Judicial System

Introduction

Subordinate Courts are situated below the high court, these courts handle a wide range of civil and criminal cases, providing access to justice for citizens across various jurisdictions. Their role includes adjudicating disputes, interpreting laws, and upholding the rule of law at the local level. Understanding the structure and functions of subordinate courts is crucial for comprehending the overall framework of the legal system and ensuring equitable access to justice for all.

Constitutional Provisions

• Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of subordinate courts and to ensure their independence from the executive
• Article 233: Appointment of District Judges by Governor in consultation with HC.
• Qualifications:
  • Not already in service of the Centre or state government; 
  • Have been an advocate/pleader for seven years; 
  • Recommended by HC for appointment.
• Appointment of Persons (other than district judges): By the Governor in consultation with the State Public Service Commission and HC.
• Article 235: Control over the subordinate court by the High Court.
• District judges include any judge of the City Civil Court; Additional District Judge; Joint District Judge; Assistant District Judge; Chief Judge (Small cause court); Chief Presidency Magistrate; Additional Chief Presidency Magistrate; Sessions Judge; Additional Sessions Judge; Assistant Sessions Judge.
  • The district judge serves as the highest judicial authority in the district, possessing original and appellate jurisdiction in both civil and criminal matters.
• Judicial Services: Service consisting exclusively of persons intended to fill the post of district judge.

• Session Judge: The district judge functions as the sessions judge, presiding over criminal cases, and as the district judge, handling civil cases.
• Role of District Judge: The district judge exercises judicial and administrative powers and supervises all subordinate courts within the district.
• Appellate Jurisdiction to the High Court: Appeals against the district judge’s orders and judgments are directed to the High Court.
• Capital Punishment: The session judge holds the authority to impose any sentence, including life imprisonment and capital punishment. 
  • However, capital punishment decisions are subject to confirmation by the High Court, regardless of whether there is an appeal.
• Subordinate Courts  District and Sessions Court: Below the District and Sessions Court are the Court of Subordinate Judges for civil matters and the Court of Chief Judicial Magistrate for criminal matters.
  • Unlimited Pecuniary Jurisdiction: The subordinate judge has unlimited pecuniary jurisdiction over civil suits.
  • Criminal Cases up to Seven Years of Imprisonment: The chief judicial magistrate adjudicates criminal cases punishable with imprisonment for a term of up to seven years.
• Court of Munsif: The Munsiff has limited jurisdiction and adjudicates civil cases with small pecuniary stakes.
  • This is the lowest-level court in Civil Jurisdiction.
• Court of Judicial Magistrate: The Judicial Magistrate hears criminal cases punishable with imprisonment for a term up to three years.
• City Civil Courts: There are City Civil Courts presided over by Chief Judges for civil matters in Metropolitan cities.
  • Courts of Metropolitan Magistrates for criminal matters.
• Small Causes Courts: Some states and Presidency towns have established Small Causes Courts. 
  • These courts handle civil cases of small value in a summary manner, with their decisions being final. 
  • The High Court holds the power of revision over their decisions.
• Other Grassroots-level Courts: These are known by different names such as Nyaya Panchayat, Gram Kutchery, and Adalati Panchayat, handle minor civil and criminal cases are present in some states.

Conclusion

• Subordinate courts play a crucial role in the judicial system, handling a diverse range of civil and criminal cases at the local level. 
• With their original and appellate jurisdiction, subordinate courts contribute significantly to the administration of justice, providing essential legal services to citizens and resolving disputes effectively.
  

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