• Subordinate Courts Overview:

  • Part of the state judiciary, functioning below the High Court at district and lower levels.
  • Subordinate due to their subjection to the state High Court.

• Constitutional Provisions (Part VI, Articles 233-237):

  • Article 233: Appointment of District Judges

    • Appointment, posting, and promotion are done by the Governor in consultation with the High Court.
    • Qualifications:
      • Not already in Central or State government service.
      • Advocate or pleader for seven years.
      • Recommended by the High Court.

  • Article 234: Appointment of other Judges

    • Governor appoints persons (other than district judges) to the judicial service after consulting the State Public Service Commission and the High Court.

  • Article 233-A:

    • Added by the 20th Constitutional Amendment Act of 1966.
    • Retrospectively validated the appointment of certain district judges and their judgements.

  • Article 235: Control over Subordinate Courts:

    • The High Court controls district and other subordinate courts.
    • Control includes posting, promotion, and leave of persons in the judicial service holding positions inferior to the district judge.

  • Article 236: Interpretation:

    • 'District judge' includes judges of city civil courts, additional district judges, joint district judges, assistant district judges, chief judges of small cause courts, chief presidency magistrates, additional chief presidency magistrates, sessions judges, additional sessions judges, and assistant sessions judges.
    • 'Judicial service' means a service exclusively of persons intended to fill the post of district judge and other inferior civil judicial posts.

  • Article 237: Application to Magistrates:

    • The Governor can direct that the provisions relating to persons in the state judicial service apply to any class of magistrates.

• Structure and Jurisdiction:

  • The organisational structure, jurisdiction, and nomenclature of the subordinate judiciary are determined by the states, hence they vary.
  • State Public Service Commission conducts competitive exams for recruitment to the judicial service.

• Hierarchy of Courts:

• District and Sessions Judge:

  • Highest judicial authority in the district.
  • Possesses original and appellate jurisdiction in civil and criminal matters.
  • Deals with civil cases as the district judge.
  • Hears criminal cases as the sessions judge.
  • Exercises judicial and administrative powers.
  • Has supervisory powers over all subordinate courts in the district.
  • Appeals against orders and judgements lie to the High Court.
  • Sessions judge can impose any sentence, including life imprisonment and capital punishment (subject to High Court confirmation).

• Lower Courts:

  • Civil Side:
    • Subordinate Judge: Unlimited pecuniary jurisdiction over civil suits.
    • Munsiff: Limited jurisdiction, decides civil cases of small pecuniary stake.
  • Criminal Side:
    • Chief Judicial Magistrate: Decides criminal cases punishable with imprisonment up to seven years.
    • Judicial Magistrate: Tries criminal cases punishable with imprisonment up to three years.

• Other Courts:

  • Metropolitan Cities: City civil courts (chief judges) on the civil side and courts of metropolitan magistrates on the criminal side.
  • Small Causes Courts: Established in some States and Presidency towns; decide civil cases of small value in a summary manner; decisions are final (subject to High Court revision).
  • Panchayat Courts: Try petty civil and criminal cases (various names like Nyaya Panchayat).