Polity (Subordinate Courts)

I. Constitutional Provisions Governing Subordinate Courts

1. Appointment of District Judges (Article 233)

• Process: The governor appoints district judges in consultation with the high court.
• Qualifications:
  • Must not be in the service of the central or state government.
  • Requires seven years of experience as an advocate or pleader.
  • Needs high court recommendation.

1. Appointment of Other Judges (Article 234)

• Process: The governor appoints judges other than district judges, consulting the State Public Service Commission and the high court.
• Note: The State Public Service Commission usually conducts exams for judicial service recruitment.

1. Control over Subordinate Courts (Article 235)

• Scope: High courts have authority over the subordinate courts, managing appointments, promotions, and leave for judicial officers below the district judge level.

1. Interpretation (Article 236)

• District Judge Definition: Includes civil court judges, additional/joint district judges, and other similar positions.
• Judicial Service: Refers to posts exclusive to district judges and other civil judicial roles below this rank.

1. Application of Provisions to Magistrates (Article 237)

• The governor can apply judicial service regulations to specific magistrate classes.

II. Structure and Jurisdiction of Subordinate Courts

The organizational structure and jurisdiction of subordinate courts are determined by each state, which can result in slight variations. Generally, the structure includes three primary levels in both civil and criminal courts below the high court:

A. Civil Court Hierarchy

1. District and Sessions Court (Civil Side)

• Role: The highest civil authority in the district.
• Powers:
  • Original and appellate jurisdiction over civil matters.
  • Supervises subordinate courts within the district.
• Appeals: High court handles appeals against decisions from this court.

1. Subordinate Judge’s Court

• Jurisdiction: Handles civil cases with no financial limits on claims.
• Other Titles: Also known as the Civil Judge (Senior Division).

1. Munsiff’s Court

• Role: Lowest level court for civil cases.
• Jurisdiction: Limited financial jurisdiction, dealing with smaller claims.
• Other Titles: Also known as Civil Judge (Junior Division).

B. Criminal Court Hierarchy

1. Sessions Court (Criminal Side)

• Role: Equivalent to the district judge for criminal cases.
• Powers:
  • Can impose life imprisonment and capital punishment (subject to high court confirmation).
• Dual Role: Known as district judge in civil cases and sessions judge in criminal cases.

1. Chief Judicial Magistrate’s Court

• Jurisdiction: Handles criminal cases with punishments up to seven years of imprisonment.

1. Judicial Magistrate’s Court

• Role: The lowest criminal court level.
• Jurisdiction: Handles criminal cases with up to three years of imprisonment as a maximum sentence.

C. Special Courts and Provisions

1. City Civil Courts: Present in some metropolitan cities to handle civil cases, with a chief judge overseeing the court.
2. Metropolitan Magistrates’ Courts: These courts manage criminal cases in large metropolitan areas.
3. Small Causes Courts:

• Role: Manage civil cases of low financial value in a summary manner.
• Appeals: Decisions are usually final, but high courts can revise them.

1. Panchayat Courts:

• Role: Handle minor civil and criminal cases at the village level.
• Variations: Known by different names, such as Nyaya Panchayat, Gram Kutchery, or Panchayat Adalat, depending on the state.

Summary Table of Articles Related to Subordinate Courts