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Introduction

Subordinate Courts form a pivotal tier in the Indian judicial system, operating beneath High Courts and managing both civil and criminal cases. Led by the district judge, these courts ensure justice at the local level, with decisions subject to High Court review. This hierarchical structure is essential for candidates seeking a comprehensive understanding of the Indian judiciary.

Constitutional Provisions

Laxmikanth Summary: Subordinate Courts | Indian Polity for UPSC CSE

  • District Judges: Articles 233 to 237 in Part VI regulate the appointment, posting, and promotion of district judges by the state governor in consultation with the high court. Eligibility includes seven years of advocacy, a recommendation by the high court, and not being in government service.

  • Other Judges: The governor, after consulting the State Public Service Commission and the high court, appoints individuals (excluding district judges) to the judicial service of a state.

  • Control over Subordinate Courts: The high court exercises control over district courts and other subordinate courts, managing postings, promotions, and leaves for those below the district judge's post in the state judicial service.

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What is the eligibility criteria for the appointment of district judges in India?
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  • Interpretation: The term 'district judge' covers various judicial positions, while 'judicial service' refers to a service exclusively for district judges and civil judicial posts below that rank.

  • Application to Magistrates: The governor may extend the mentioned provisions for individuals in the state judicial service to specific classes of magistrates.

Structure and Jurisdiction

The subordinate judiciary's organization and jurisdiction, determined by individual states, consist of three tiers of courts below the High Court:

Laxmikanth Summary: Subordinate Courts | Indian Polity for UPSC CSE

  • The district judge, holding both civil and criminal jurisdiction, is the highest authority in the district with supervisory powers over lower courts. Appeals against their decisions go to the High Court. Below, the Court of Subordinate Judges handles civil suits, and the Chief Judicial Magistrate decides criminal cases. Metropolitan areas may have city civil courts and metropolitan magistrate courts.

Laxmikanth Summary: Subordinate Courts | Indian Polity for UPSC CSE

  • At a lower level, the Munsiff's Court deals with small civil cases, and the Judicial Magistrate's Court handles less severe criminal cases. Small causes courts in some areas decide low-value civil cases, and certain states have Panchayat Courts for petty civil and criminal matters.
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FAQs on Laxmikanth Summary: Subordinate Courts - Indian Polity for UPSC CSE

1. What are the constitutional provisions related to subordinate courts in India?
Ans. The Indian Constitution provides for the establishment of subordinate courts under Article 233. It states that the control and administration of subordinate courts, including the appointment of district judges, is the responsibility of the state government in consultation with the respective High Court.
2. What is the structure of subordinate courts in India?
Ans. Subordinate courts in India are organized hierarchically. At the district level, there are District Courts presided over by District Judges. Below them, there are Civil Judge (Senior Division) courts and Civil Judge (Junior Division) courts. At the lower level, there are courts like Munsif Courts and Judicial Magistrate Courts.
3. What is the jurisdiction of subordinate courts in India?
Ans. Subordinate courts in India have both original and appellate jurisdiction. They have original jurisdiction in civil and criminal matters within their territorial jurisdiction. They can hear cases for which the punishment is up to seven years of imprisonment and can impose a fine of any amount. They also have appellate jurisdiction to hear appeals against the decisions of lower courts or tribunals.
4. What is the role of the state government in the functioning of subordinate courts?
Ans. The state government plays a crucial role in the functioning of subordinate courts. It is responsible for the appointment, promotion, and transfer of judicial officers in consultation with the High Court. The state government also provides the necessary infrastructure, staff, and financial resources for the smooth functioning of these courts.
5. How are district judges appointed in subordinate courts?
Ans. District judges in subordinate courts are appointed by the state government in consultation with the High Court. The appointment is made through a competitive examination conducted by the respective Public Service Commission or through direct recruitment. The eligibility criteria and selection process may vary from state to state.
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