Subordinate Courts in India: Articles 233 to 237 of the Constitution, appointment of district judges, regulation and independence of subordinate courts. UPSC polity notes for GS2.

Subordinate Courts in the State Judiciary

• The state judiciary is composed of a High Court at the top and a series of subordinate (lower) courts functioning below it at the district and lower levels.
• They are called subordinate courts because they operate under the authority of the concerned High Court.

• Constitutional Provisions

  • Articles 233 to 237 in Part VI of the Constitution provide for the organization, appointment, and independence of subordinate courts, ensuring their freedom from executive influence.

  • Appointment of District Judges

    • The Governor of the State, in consultation with the High Court, appoints, posts, and promotes district judges.
    • A candidate for the post of District Judge must satisfy the following conditions:
      • (a) He must not be in the service of the Central or State government.
      • (b) He should have practiced as an advocate or pleader for at least seven years.
      • (c) His name must be recommended by the High Court for appointment.

  • Appointment of Other Judges

    • Judges other than district judges are appointed by the Governor of the state, after consultation with:
      • (i) The State Public Service Commission, and
      • (ii) The High Court.

  • Control over Subordinate Courts

    • The High Court exercises administrative control over all subordinate courts in a state. This includes:
      • (i) Postings of judicial officers,
      • (ii) Promotions, and
      • (iii) Grant of leave.
    • This authority extends to all members of the judicial service holding positions below the rank of District Judge.

  • Interpretation of Terms

    • The expression “District Judge” broadly covers:
      • (i) Judge of a City Civil Court,
      • (ii) Additional/Joint/Assistant District Judges,
      • (iii) Chief Judge of a Small Cause Court,
      • (iv) Chief Presidency Magistrate and Additional Chief Presidency Magistrate,
      • (v) Sessions Judge, Additional Sessions Judge, and Assistant Sessions Judge.
    • The term “Judicial Service” means a cadre consisting exclusively of persons appointed to:
      • (i) The office of District Judge, and
      • (ii) Civil judicial posts inferior to District Judge.

  • Application to Certain Magistrates

    • The Governor may direct that the above provisions (concerning judicial service) shall also apply to specific classes of magistrates in the state.

Structure and Functions of Subordinate Judiciary

• The organization, jurisdiction, and nomenclature of subordinate courts are decided by the states, leading to minor variations across India.
• In general, the judiciary below the High Court is arranged in three levels of civil and criminal courts.

• District Judge and Sessions Judge

  • The District Judge is the highest judicial authority at the district level, possessing both original and appellate jurisdiction in civil and criminal cases.
  • The same person functions as:
    • (i) District Judge when dealing with civil matters,
    • (ii) Sessions Judge when handling criminal cases.
  • He exercises judicial, administrative, and supervisory powers over all subordinate courts in the district.
  • Appeals against his decisions are heard by the High Court.
  • The Sessions Judge may award any sentence, including life imprisonment and capital punishment. However, a death sentence requires mandatory confirmation by the High Court, regardless of appeal.

• Courts Below the District Level

  • Immediately below the District & Sessions Court are:
    • (i) Subordinate Judge’s Court on the civil side, with unlimited pecuniary jurisdiction, and
    • (ii) Chief Judicial Magistrate’s Court on the criminal side, handling cases punishable with imprisonment up to seven years.
  • At the lowest tier:
    • (i) The Court of Munsiff on the civil side deals with suits of small pecuniary value,
    • (ii) The Court of Judicial Magistrate on the criminal side tries offences punishable with imprisonment up to three years.

• Special Courts in Cities and States

  • In metropolitan areas:
    • (i) City Civil Courts (headed by Chief Judges) handle civil cases,
    • (ii) Metropolitan Magistrates deal with criminal matters.
  • Some states and presidency towns have Small Causes Courts which resolve minor civil disputes in a summary manner. Their decisions are final, but the High Court may revise them.
  • In certain states, Panchayat Courts handle petty civil and criminal disputes. They are known by different names such as Nyaya Panchayat, Gram Kutchery, Adalati Panchayat, Panchayat Adalat, etc.

• National Legal Services Authority (NALSA)

  • Article 39A of the Constitution mandates free legal aid for the weaker sections of society, ensuring justice for all. Articles 14 and 22(1) also obligate the State to guarantee equality before law and a fair legal system.
  • The Legal Services Authorities Act, 1987 (effective from 9th November 1995) created a nationwide network for providing free and competent legal services.
  • NALSA was established under this Act to:
    • (i) Monitor and evaluate legal aid programmes,
    • (ii) Lay down principles and policies,
    • (iii) Guide State authorities in providing free legal services.
  • Legal Services Authorities at different levels:
    • (i) State Legal Services Authority in every state,
    • (ii) High Court Legal Services Committee in each High Court,
    • (iii) District Legal Services Authorities and Taluk Legal Services Committees,
    • (iv) Supreme Court Legal Services Committee to manage aid at the Supreme Court level.
  • NALSA frames policies, schemes, and guidelines for effective legal services delivery and Lok Adalats across the country.

  • Main Functions of Legal Services Authorities

    • (i) Provide free and competent legal assistance to eligible persons.
    • (ii) Organize Lok Adalats for amicable settlement of disputes.
    • (iii) Conduct legal awareness campaigns in rural and backward areas.

  • Scope of Free Legal Services

    • Free legal aid includes:
      • (a) Payment of court fees, process fees, and related charges,
      • (b) Providing lawyer services in legal proceedings,
      • (c) Obtaining certified copies of orders and documents,
      • (d) Preparing appeals, paper books, including printing and translations.

  • Persons Eligible for Free Legal Aid

    • Assistance is extended to:
      • (i) Women and children,
      • (ii) Members of Scheduled Castes and Scheduled Tribes,
      • (iii) Industrial workers,
      • (iv) Victims of disasters, violence, or industrial accidents,
      • (v) Persons with disabilities,
      • (vi) Persons in custody,
      • (vii) Persons with annual income below ₹1,00,000 (₹1,25,000 for Supreme Court cases),
      • (viii) Victims of human trafficking or begar.

Articles Related to Subordinate Courts (At a Glance)

• Article 233 – Appointment of District Judges
• Article 233A – Validation of appointments of certain district judges and legitimacy of judgments delivered by them
• Article 234 – Recruitment of persons (other than district judges) into the judicial service
• Article 235 – Control of the High Courts over subordinate courts
• Article 236 – Interpretation of provisions relating to subordinate judiciary
• Article 237 – Application of this Chapter’s provisions to certain classes of Magistrates