Subordinate Judiciary – Indian Polity Notes

In our integrated judiciary, subordinate judiciary comes at the lowest place but holds hold immense importance as it is the first place of contact to most of citizens. They can approach to the court to get their grievances addressed. They handle plethora of litigations filed. Thus performs the edifice of Indian judicial system.

Subordinate Courts:

Functioning at the district level, they are of three types: 

• Civil
• Criminal
• Revenue

Civil Courts:

• In district level set up for civil cases, the District Judge is highest authority to hear such cases. In most of cases, same court complex of district is called as “District Civil and Sessions Court’’. 
• As district judge have original jurisdiction to hear civil and criminal cases in district.
• The district includes judge of city civil court(in metropolitan areas), chief judge of small cause courts, chief presidency magistrate and sessions judge.
• All these courts hear and settle civil disputes.

The Court of the District Judge (called the District Courts) hears not only appeals against the decisions of the courts of sub judges, but also some of the cases begin directly in the Court of District Judge itself. 

Appeals against the decisions of this court may be heard by the High Court of the State.

Civil Courts deal with cases pertaining to disputes between two or more persons regarding property, divorce, contract, and breach of agreement or landlord – tenant disputes.

Criminal Courts:

• The Court of the Sessions Judge (known as Sessions Courts) is the highest court for criminal cases in a district. Below this court, there are courts of magistrates of First, Second and Third class. 
• In metropolitan cities like Delhi, Calcutta, Mumbai and Chennai, First Class Magistrates are called Metropolitan Magistrates. 
• All these criminal courts are competent to try the accused and to award punishment, as sanctioned by law, to those who are found guilty of violation of law.
• Criminal Courts hear criminal cases which are related to violation of laws.
  • These cases involve theft, dacoity, rape, pick-pocketing, physical assault, murder etc. In such cases the guilty person is awarded punishment. 
  • These courts are empowered to award punishments ranging from fines to death sentence.
• Normally every accused is presented by the police before a magistrate as the criminal act is said to be committed against the state.
• The magistrate can finally dispose off cases of minor crime. In case of serious crimes, magistrate can transfer the case to be heard before sessions court.
• Sessions courts try the accused who are sent upto them by the magistrate concerned.
• Accused who is awarded death sentence by the sessions court, can be hanged to death only after his sentence is confirmed by the High Court.

Revenue Courts:

Revenue courts deal with cases of land revenue in the State. The highest revenue court in the district is the Board of Revenue. Under it are the Courts of Commissioners, Collectors, Tehsildars and Assistant Tehsildars. The Board of Revenue hears the final appeals against all the lower revenue courts under it.

Appointments:

Appointments of district judges are made by Governor of state in consultation of state High Court.

Qualifications: 

For District Judge: If person not already in judicial service:

• Shall be serving Advocate for 7 years
• Should have been recommended by state High Court.

For other judges: They are appointed by Governor in consultation with State Public Service Commission and concerned High Court. (i.e. By clearing state judicial exam).

Jurisdiction:

District Courts have jurisdiction over entire district. Other lower courts have jurisdiction as prescribed by state laws.

Lok Adalats:

• They are given established under National Legal Services Authorities Act 1987. 
• They have statutory status.
• First Lok Adalat was established in Gujrat.
• It can deal with petty crimes. 
• It has no court fees. If any money is paid during process, is repaid afterwards.
• Decisions are taken by mediation and are final. There lies no appeal against orders of Lok Adalat in any court. If parties are not happy, they can restart process again in Lok Adalat.

Gram Nyayalaya:

These were provided by Gram Nyaylaya Act 2008. Act provide for courts at village level. These are mobile courts which go to Village and provide legal services. It was envisaged to provide accessibility to judicial system to villagers. 

Family Courts:

Below District Courts lies the family court which hear matters related to families and marriage like Divorce, Separation, Custody of children etc. 

Alternative Dispute Resolution (ADR):

Alternate Dispute Resolution (ADR) is a substitute for conventional and time taking method of approaching courts for redressal of grievances. In this, neutral third party helps mediate and reach to solution acceptable to both parties. This method offers to solve all types of cases except criminal cases.

Equality before law & right to life and personal liberty enshrined in Articles 14, 21 provides basis for ADR in India. There are various ways to conclude disputes using ADR like: Arbitration, Mediation, Negotiation(Counselling) and Lok Adalat.

Alternate Dispute Resolution intends to attain equal justice to all and provide free legal aid as given under Article 39A of Directive Principles of State Policy.

All India Judicial Service:

The idea of creating a new all India service which will consist of career judicial officers recruited through pan India level judicial exam was mooted to counter opaqueness of present day judicial appointment via collegium system.

The idea was first mooted in 1958 and again in 1978 by Law Commission. Parliamentary Standing Committee on Personnel in 2006 in its report to recommended creation of All India Judicial Service.

Before, collegium system was put in place, the Supreme Court in All India Judges Association Case 1992 had directed Union Government to create All India Judicial Service.

But All India Judicial Service never materialised. It would have eased the burden of backlogs in Judiciary and would have improved judges to cases ratio. Having adequate officials to undertake work is imperative for an organisation to work efficiently & effectively. In order to ensure timely access to justice to all common citizenry, it need to hour to create this new service like state level judicial exams which recruits lower courts judges.

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