Subordinate Courts, Structure, Importance, Framework

The Indian Judiciary is structured in a hierarchical form to ensure justice is accessible at every level of society. While the Supreme Court and High Courts deal with constitutional and national issues, the subordinate courts form the foundation of the judiciary at the district and local level. They handle civil, criminal, revenue, and family disputes that directly affect citizens’ lives.

Subordinate Courts in India

Subordinate courts, also known as District Courts or Lower Courts, operate below the High Courts. They are established by state governments under the guidance of the High Court of the respective state. Their primary role is to handle cases at the district and sub-district levels. According to the Department of Justice (Ministry of Law and Justice, GoI), India has more than 18,000 subordinate courts as of 2023, making them the backbone of the justice delivery system.

Subordinate Courts Overview

Subordinate courts are crucial in ensuring justice reaches rural and urban populations. They function under the supervision of the High Courts, and their jurisdiction extends to both civil and criminal matters. The brief overview highlighting various aspects of the District Court is tabulated below:

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Subordinate Courts Structure

The structure of Subordinate Courts is based on Civil and Criminal Jurisdiction, and varies slightly across States. This multi-layered structure ensures access to justice at various levels. Broadly, they are divided into:

• District Courts: Headed by District and Sessions Judge, the highest authority in the district judiciary.
• Civil Courts: Deal with disputes like property, contracts, and family matters.
• Criminal Courts: Sessions Courts, Magistrate Courts, and Judicial Magistrates deal with criminal offences.
• Revenue Courts: Handle land revenue disputes.
• Special Courts: Established under special laws like Family Courts Act, Consumer Protection Act, etc.

Subordinate Courts Constitutional Framework

The Constitution of India lays down detailed provisions for the establishment and functioning of subordinate courts under Articles 233 to 237. These articles define the process of appointment, powers, and control of the lower judiciary. Key Articles Related to Subordinate Courts are listed below:

• Article 233: Appointment of District Judges by the Governor in consultation with the High Court.
• Article 234: Recruitment of persons other than District Judges to the judicial service of the State by the Governor in consultation with the State Public Service Commission and High Court.
• Article 235: Control over subordinate courts, including posting, promotion, and leave of district judges and other judicial officers, vested in the High Court.
• Article 236: Defines the term “district judge” and includes judges of city civil courts, sessions judges, and additional judges.
• Article 237: Allows the application of provisions of Articles 233-236 to magistrates in certain states by the Governor.

Jurisdiction of Subordinate Courts

The Jurisdiction of Subordinate Courts is defined by law and supervised by the High Courts. Their powers include:

• Civil Jurisdiction: District Courts handle major property disputes and appeals from lower civil courts.
• Criminal Jurisdiction: The Criminal Jurisdiction of the Subordinate Courts is defined in several levels of hierarchy:
  • Sessions Courts- can award maximum punishment, including life imprisonment and capital punishment, subject to High Court confirmation. A death sentence passed by a Sessions Judge is not final and cannot be carried out unless it is confirmed by the High Court.
  • Assistant Session Judge- Assist the Session Judge and have the power to sentence up to 10 years
  • Chief Judicial Magistrate (CJM)- He is the head of Judicial Magistrates and controls other magistrates.
  • Judicial Magistrates (First Class)- can sentence up to 5 years
  • Judicial Magistrate (Second Class)- can sentence up to one year only or fine
• Revenue Jurisdiction: Revenue courts deal with disputes related to land, tenancy, and agricultural property.
• Family Jurisdiction: Family courts handle divorce, adoption, maintenance, and guardianship matters.

Appointment of Judges in Subordinate Courts

The appointment of District Judges in Subordinate Courts is governed by Articles 233 of the Constitution of India. This system ensures a mix of experienced advocates and young judicial officers in subordinate courts.

• • As per the Article 233 of the COI, the District Judges are appointed by the Governor in consultation with the High Court of the respective State.
  • The Article 234 deals with the recruitment of other Judicial Officers through State Judicial Services Examination, conducted by the State Public Service Commission or High Court recommendations.
  • The Governor has got the power to apply the provisions given under Article 233 to 236 to any position or class of Magistrates in a State.

• Eligibility: The Candidates must be following certain criteria as per the Constitution of India and conditions prevailed by the honourable Supreme Court of India in latest judgements as given below:

• • Legal Practice: Minimum Seven Year of Practice as an Advocate or Pleader.
  • Service: The Candidate must not be a current employee in any department of Union Government or State Government.
  • Role of High Court: The High Court of the respective State recommends the person for the appointment to the Governor.

Subordinate Courts Importance

Subordinate courts form the basis of the judiciary and directly interact with citizens. Their importance lies in:

• Ensuring justice at local levels.
• Handling the majority of civil and criminal cases in the country.
• Acting as the first point of contact in the judicial system.
• Supporting constitutional principles like equality before law and access to justice.
• Reducing burden on High Courts and Supreme Court through effective functioning.

Challenges in Functioning of Subordinate Courts

Despite their importance, subordinate courts face multiple challenges that affect justice delivery:

• Huge Case Backlog: As per National Judicial Data Grid (NJDG, 2023), over 4 crore cases are pending in subordinate courts.
• Vacancy of Judges: Around 20-25% of sanctioned posts remain vacant in lower judiciary.
• Infrastructure Gaps: Many courts lack digital facilities, adequate staff, and modern courtrooms.
• Delay in Justice: Prolonged trials lead to loss of public trust in the system.
• Accessibility Issues: Rural citizens often face difficulties in reaching courts due to distance and costs.

Way Forward

To strengthen subordinate courts, reforms must address efficiency, infrastructure, and human resource gaps. Key measures that can be taken to reduce the challenges are:

• Filling Vacancies: Speedy recruitment drives to reduce judge-to-population imbalance.
• Technology Adoption: Expand e-Courts Mission Mode Project for faster case management and online hearings.
• Infrastructure Development: Upgrade court complexes with modern facilities and digital connectivity.
• Alternative Dispute Resolution (ADR): Promote mediation and arbitration to reduce burden on courts.
• Training and Capacity Building: Regular judicial training for judges and staff to improve efficiency.
• Public Legal Awareness: Strengthen legal aid services to ensure access for marginalized groups.

Subordinate Courts UPSC

For UPSC preparation, subordinate courts are relevant in Polity (Constitution Articles 233-237), Governance, and Judicial Reforms. Questions can be asked in both Prelims (factual details, constitutional provisions) and Mains (essay-type on challenges and reforms). Recent reports such as NJDG case pendency data (2023) and initiatives like the e-Courts Project should be linked in answers.