Subordinate Courts | Constitutional Law - CLAT PG PDF Download

 District Courts of India

• District Courts in India, established by State governments, serve individual districts or multiple districts based on case volume and population.
• These courts administer justice at the district level and operate under the administrative oversight of the respective State High Courts.
• Decisions made by District Courts can be appealed to the High Courts.

 Constitutional Provisions 

• The framework for subordinate courts is outlined in the sixth part of the Indian Constitution.
• Articles 233 to 237 specifically address the organization and functioning of subordinate courts.

 Control Over Subordinate Courts 

This concept extends from the supervisory and appellate jurisdiction of the High Court. It empowers the High Court to withdraw cases from subordinate courts if they involve significant legal questions. The High Court can either decide the case itself or resolve the legal question and send the case back to the original court.

 Subordinate Courts Include: 

• District Judges
• Judges of City Civil Courts
• Metropolitan Magistrates
• Members of the State Judicial Service

 Opinion Binding:  The opinion provided by the High Court is mandatory for subordinate courts.

 Administrative Matters:  The High Court also oversees administrative issues such as postings, promotions, leave grants, transfers, and disciplinary actions for subordinate court members.

 Authority Over Officers and Employees: 

• The High Court has full control over its officers and employees.
• Appointments are made by the  Chief Justice  or a judge designated by the Chief Justice.
• The  Governor  of the State can stipulate that certain appointments require consultation with the State Public Service Commission.

 Collective and Individual Responsibility:  The High Court, as the head of the judiciary in the state, holds both collective and individual responsibility for controlling subordinate courts, particularly in administrative matters.

 Lok Adalat 

• Lok Adalats provide a quick and cost-effective way to settle disputes.
• These are currently voluntary agencies overseen by the State Legal Aid and Advice Board.
• The  Legal Services Authority Act, 1987  , aims to give a legal basis to the legal aid movement.
• Many cases are being resolved through Lok Adalats across the country.

 Public Interest Litigation 

• Inspired by English and American practices, the Indian Supreme Court has relaxed certain legal rules for cases labeled as  public interest litigation  (PIL).
• PILs are meant for issues that concern the general public, focusing on the enforcement of rights or public duties.
• High Courts also follow this approach under Article 226, with the Supreme Court supporting it. When public interest is harmed by arbitrary government actions, High Courts are expected to intervene.
• The Court checks that the PIL is genuinely for the public good and not for private gain. The past public service of the litigant may be considered.
• In a case where a lawyer filed a writ petition against the State for various reliefs, including compensation for a rape victim by railway employees, the Supreme Court recognized it as a PIL. Personal injury or loss is not a necessary element for such petitions.

Conclusion

• The structure and naming of subordinate courts vary across different States in the country. Currently, there are three or more levels of civil and criminal courts beneath the High Court. Cases at the trial stage are decided by these subordinate courts, and their decisions are considered final at this level. The trial system is a crucial part of the judicial process. Therefore, it is essential that the judges in these courts are fair and competent, as this will improve both the quality and quantity of their work. The administration of justice at this basic level needs to be standardized.
• The Commission suggests that over time, the hierarchy of subordinate courts should be simplified to a two-tier system under the High Court. Additionally, there should be strict criteria for selecting judges and adequate training facilities for them.