Subordinate Courts

There are various types of subordinate courts or lower courts in each and every district of India. The state judiciary consists of a high court and a hierarchy of subordinate quotes also known as lower courts. Their structure and functions are more or less uniform throughout the country. They are called subordinate courts because they are insubordination to the state High Court. Designations of courts connote their functions. The different types of subordinate courts that are present in India are civil courts, criminal courts and revenue courts. They function below and under the high court at district and lower levels. 

The structure of organisation, jurisdiction of the subordinate courts are different for different states. it is so because the organisational structure, jurisdiction, nomenclature are laid down by the states itself. And hence there is a slight difference that exists in the structure of the subordinate courts from state to state. 

These courts hear civil cases, criminal cases and revenue cases respectively. As per the powers conferred on them, accordingly they deal with civil and criminal cases. they are derived from two important codes that is, the code of Civil Procedure, 1908 and the code of criminal procedure, 1973 and further strengthened by local statutes. a uniform designation has been brought about in the subordinate judiciary’s judicial officers all over the country viz., District Judge, additional District Judge, civil judge (senior division) and civil judge (junior division) on the civil side and on criminal side, sessions judge, additional sessions judge, chief judicial magistrate and judicial magistrate at etc., as laid down in the Cr.P.C. Appropriate adjustment, if any, has been made in existing posts by indicating their equivalent with any of these categories by all state governments or UT administrations. Under article 235 of the constitution of India, the administrative control over the members of subordinate judicial service vests with the concerned High Court. Further, indie exercise of powers conferred under the provision to article 309 read with article 233 and 234 of the constitution, the state government shall frame rules and regulations in consultation with the High Court exercising jurisdiction in relation to such state. the members of the state judicial services are governed by these rules and regulations. 

Articles related to subordinate courts: 

Articles 233-237 in Part VI of the constitution contain provisions that regulate the organisation of subordinate or lower courts to ensure their independence from the executive. 

Article 233: Appointment of district judges– 

(1) appointment of persons to be and the posting and promotion of district judges in any state shall be made by the governor of the state in consultation with the High Court exercising jurisdiction in relation to such state. 

(2) A person not already in the service of the union or of the state shall only be eligible to be appointed it District Judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment. 

Article 234: Recruitment of persons other than district judges to the judicial service- 

Appointment of persons other than District Judge just to the judicial service of his state shall be made by the governor of the state in accordance with rules made by him in that behalf after consultation with the state Public Service Commission and with the High Court exercising jurisdiction in relation to such state. 

Article 235: Control over subordinate courts –  

The control over district courts and quote subordinate thereto including the posting and promotion of and the grant of leave to persons belonging to the judicial service of a state and holding any post inferior to the post of District Judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the high courts to deal with him otherwise than in accordance with the conditions of his service prescribed under such law. 

Article 236: Interpretation –  

In this chapter- (a) the expression “District Judge” includes judge of a city Civil court, additional District Judge, joint District Judge, assistant District Judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge; 

(b) the expression “judicial service” means a service consisting exclusively of persons intended to fill the post of District Judge and other civil judicial posts inferior to the post of District Judge. 

Article 237: Application of the provisions of this chapter to certain class or classes of magistrates –  

The governor nearby public notification direct that the forgoing provisions of this chapter and any rules made thereunder shell with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magistrates in the state as they apply in relation to persons appointed to the judicial service of the state subject to such exceptions and modifications as may be specified in the notification. 

Structure and Jurisdiction

There are three tiers of civil and criminal courts below the High Court. these are as follows: 

Civil courts: 

Hierarchy of Civil Judicial System:

The District Court is the highest civil court in the district. the district judge is the highest judicial authority in the district. The District Court deals with civil cases. the district when it deals with both civil and criminal cases at the district level. the governor of the state appoints the judge of the district. there may be one or more courts of sub judges in the district below the court of District Judge. Also, separate family courts equal two courts of sub-judge have been established in districts exclusively to hear the cases of family disputes, like divorce, custody of children etc. below these, there are separate courts of Munsif and small causes courts to decide the cases involving petty amounts. it is to be noted that, one cannot make any appeal against the decisions of the small causes courts. the district courts hear appeals against the decisions of the courts of sub judges Ann also some cases directly beginning the district courts. the High Court of the state hears the appeals against the decisions of the District Court. the disputes between two or more persons for property, divorce, breach of a contract or agreement, landlord tenant disputes are dealt by the civil courts. 

Criminal courts: 

The highest court for criminal cases in a district is the Court of Sessions Judge or Sessions Court. Courts of District Magistrate of first, second and third class are there below the court of sessions judge. The First-class Magistrates are called Metropolitan Magistrates in metropolitan cities like Delhi, Calcutta, Mumbai and Chennai. 

Criminal cases are those which violate the law and these are heard by the Criminal Courts. The cases which involve theft, dacoity, rape, pick-pocketing, physical assault, murder etc, are criminal cases. A person who is found guilty in these cases is awarded punishment, which might be in the form of fine, imprisonment or even death sentence. 

An accused is presented before a magistrate by the police and the magistrate decides whether a case is to be disposed or committed to the Sessions Court. If a case is of minor crime, then it is disposed by the magistrate. But if a case is found to be of a serious crime by the magistrate, then he/she may commit the accused to the sessions court. Such accused is tried by the sessions court. 

It is to be noted that, in case of a death sentence awarded by the sessions court in the form of punishment, then the accused can be hanged only if it is confirmed by High Court. 

Revenue Courts:

Hierarchy of Revenue Courts –

The cases related to land revenue in a state are dealt by these courts. The Board of Revenue is the highest revenue court in a district. The courts of Commissioners, collectors, Tehsildars and Assistant Tehsildars come under the Board of Revenue and this board hears the final appeals against all these lower revenue courts that are under it. 

Other Important Topics:

National Legal Services Authority (NALSA)

The National Legal Services Authority (NALSA) Has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the act. 

It is done to promote equal justice and to provide free legal aid to the poor and Weaker sections of the society according to article 39A of the constitution of India. Also article’s 14 and 22(1) off the constitution of India makes it obligatory for the state to ensure equality before law and illegal system which promotes justice on the basis of equal opportunity to all. 

In every state and in every High Court, there is a state legal Services Authority and a High Court legal services committee. in the same way, in districts and taluks, there is a district level Services Authority and to look legal services committee constituted to give effect to the policies and directions of the NALSA. At the level of the Supreme Court there is a Supreme Court legal services committee to administer and implement the legal services programme. 

The policies, principles, guidelines and economical schemes have been laid down by the NALSA for the state legal services authorities to implement the legal services programmes throughout the country. They are required to provide free and completement legal services to the eligible persons, organise local dialects for amicable settlement of disputes and organise legal awareness camps in the rural areas on a regular basis. 

Lok Adalats:

Lok Adalat is one of the alternative dispute redressal mechanisms. Where the disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised in an amicable manner. They are given statutory status under the Legal Services Authorities Act, 1987. the decision made by the Lok Adalat is final and binding and no appeal can be made against its decision in any court of law. 
 
If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate. 
 
There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties.

The Lok Adalat shall not decide the matter so referred at its own instance, instead the same would be decided on the basis of the compromise or settlement between the parties. The members shall assist the parties in an independent and impartial manner in their attempt to reach amicable settlement of their dispute. 

Gram Nyayalayas:

To ensure that opportunities for securing justice are available to every citizen and are not denied due to social, economic or other disabilities And to provide access to justice to the citizens at their doorstep, the Gram Nyayalayas Act, 2008 was enacted to provide for the establishment of the Gram Nyayalayas. 

Features of Gram Nyayalayas are as follows: 

• The Gram Nyayalaya shall be the court of Judicial Magistrate of the first class and Nyayadhikari is its  presiding officer who is appointed by the State Government after consulting the High Court.  
• It is compulsory to establish a Gram Nyayalaya for every Panchayat or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level in a State. 
• The Nyayadhikaris must be judicial officers and will get same salary and have powers as the First Class Magistrates working under High Court 
• These are mobile courts and exercise powers of both Criminal and Civil courts. 
• The seat of the Gram Nyayalaya is to be located at the headquarters of the intermediate Panchayat and individuals appointed will go to villages, work there and dispose off the cases. 
• The cases specified in the first schedule and the second schedule of the Gram Nyayalaya Act, 2008 are tried by the Gram Nyayalayas. The Centre and the State Governments can amend the first and second schedules as per their legislative competence. 
• It shall follow summary procedure in criminal trial. While, in case of exercising powers of a civil court with certain modifications, it shall follow the special procedure. 
• In most of the cases, the Gram Nyayalayas try to settle the disputes by bringing about conciliation between the parties and for this purpose it makes use of conciliators who are appointed. 
• Appeal in case of criminal cases are to be made in the Sessions Court, which is heard and disposed of within a period of six months. And appeal to civil cases lie to the District court, which is also heard and disposed within a period of six months. 

Challenges

• The infrastructural development of Courts needs urgent attention.
• Inadequacy of infrastructure facilities in District and Subordinate courts has remained a major bottleneck in the judicial system, largely contributing to the accumulation of arrears.
• Judicial infrastructure is a crucial component, which had been ignored for a long time, especially in respect of Subordinate Courts. It is the responsibility of both the Central Government and State Governments to treat this as an area of prime concern to improve justice delivery.
• The shortage of judicial personnel at Subordinate Courts is also a matter of concern.
• Some major reasons leading to the high pendency of cases in Subordinate Courts are:
  • Poor Judge population ratio,
  • Prolonged and costly litigation caused by procedures and lawyers interests,
  • Poor infrastructure,
  • Shortage of judicial personnel,
  • Weak alternate dispute resolution mechanisms and so on.