Subordinate Court In India
Introduction
The secondary courts to the high courts are known as subordinate courts. The subordinate courts go by this moniker because of their relationship to the top court. The State Judiciary is composed of a High Court and a hierarchy of smaller courts, also referred to as lower courts. They perform their duties beneath the High Court in the district and lower levels.
Constitutional Provisions Regarding Subordinate Courts
The Constitution's Part VI (Articles 233 to 237) has the following rules to regulate how subordinate courts are set up and maintain their independence from the executive.
Appointment of District Judges
• District judges in the State are chosen, appointed, and promoted by the Governor of the State after consulting with the High Court.
• Anyone looking to be appointed as a district judge should meet the requirements listed below:
• He or she shouldn't currently work for the federal or state governments.
• He or she ought to have seven years of experience as an advocate or pleader.
• The High Court ought to endorse him or her for the position.
Appointment of Judges Other Than District Judges
After consultation with the State Public Service Commission and the High Court, the Governor of the State appoints individuals (other than district judges) to the State's judicial service.
Having Authority Over Lower Courts
• District courts and other inferior courts fall under the High Court's purview, as does the posting, promotion, and leave of state judicial employees holding positions other than district judge.
Understanding The Terms
• According to Article 236 the term "district judge" includes the chief judge of a city civil court, additional chief presidency magistrate, joint district judge, additional session’s judge, and assistant session’s judge. It also includes additional district judge, joint district judge, additional district judge, and assistant district judge.
• A group of employees known as the "judicial service" is solely in charge of filling district judge and other civil court positions beneath the district judge.
• Any class or classes of state magistrates may be ordered by the governor to be subject to the aforementioned rules governing members of the state judicial system.
Subordinate Courts: Organization And Authority
• The States establish the organizational framework, subject-matter, and jargon of the subordinate judiciary. They thus differ slightly from State to State. There are typically three tiers of civil and criminal tribunals beneath the High Court.
District Judge
• The district judge is the highest court in the district, and he or she has both original and appellate jurisdiction over civil and criminal cases.
• The district judge also serves as the sessions judge, to put it another way. When handling civil proceedings, he or she is referred to as the district judge, and when handling criminal ones, as the sessions judge.
• The district judge has supervisory authority over all of the district's lower courts in addition to exercising both judicial and administrative powers.
• Appeals against his or her decisions and orders are heard by the High Court. The session's judge has the authority to impose any punishment, including the death penalty and life in prison. But regardless of whether there is an appeal, the High Court must confirm whatever death penalty the judge imposes.
Lower Courts
• The Chief Judicial Magistrate's Court is situated beneath the District and Sessions Court on the criminal side and the Subordinate Judge's Court is situated beneath the District and Sessions Court on the civil side.
• The chief judicial magistrate adjudicates in criminal cases that can result in a maximum sentence of seven years in prison, whereas the subordinate judge adjudicates civil cases where he or she has unrestricted pecuniary jurisdiction.
• The lowest levels are the Court of Munsiff for civil cases and the Court of Judicial Magistrate for criminal cases.
• A judicial magistrate handles criminal cases that carry sentences of up to three years in prison, while a munsiff has limited authority and only decides minor civil disputes with small financial stakes.
• There are city civil courts (chief judges) for civil cases in numerous metropolitan cities, and there are metropolitan magistrate courts for criminal cases.
• A number of States and presidential towns now have small courts. These courts render swift judgments in low-stakes civil cases. Although the High Court has the authority to reverse them, their judgments are final.
• In several jurisdictions, minor civil and criminal cases are heard by panchayat courts. Some of the names given to them are Nyaya Panchayat, Gramme Kutchery, Adalati Panchayat, Panchayat Adalat, and so forth.
Nyaya Panchayats
The panchayat system, which is the lowest rung of our judiciary, has judicial components called Nyaya Panchayats. They are made to carry out local or rural judicial administration. The following justifications led to the establishment of the Nyaya Panchayat:
• Democracy Decentralization
• Easy access to justice
• A prompt conclusion to cases
• Justice system is inexpensive.
• Traditional village communal life is being revived
• Combination of local self-government and the legal system
• Lessening of the workload on civil courts
Problems That Subordinate Courts Face
• Fewer than expected judges: In 2018, there were 406 openings in the 24 high courts and a shortage of 5748 judicial officers in the lower courts. The lower judiciary has a working strength of 16,726 whereas the authorized strength is substantially higher at 22,474.
• Case backlog: As of April 2018, there were more than three crore cases outstanding in the Supreme Court, High Courts, and lower courts (including district courts). Over 86% of the cases pending in these are being handled by the inferior courts.
• Inadequate Infrastructure: The nation's courts lack the essential amenities that litigants require. For judges, court personnel, and litigants, most subordinate courts lack the bare necessities.
Conclusion
An essential component of the Indian judicial system is the subordinate courts. They aid in delivering justice quickly to the nation's enormous population. As a result, the Constitution's authors gave Subordinate Courts a significant role.