Subordinate Courts | KPSC KAS Preparation: All subjects - KPSC KAS (Karnataka) PDF Download

Introduction

India, being one of the largest democracies in the world, has a judiciary system in each state to maintain law and order across the country. The High Court stands as the highest authority within the judicial structure of each state, with other courts forming the subordinate judiciary below it. These lower courts are referred to as subordinate courts.
The names and jurisdiction of these subordinate courts differ from state to state. Generally, the subordinate judiciary system beneath the High Court consists of three or more levels of criminal and civil courts.

Types of Subordinate Courts

• The subordinate courts are named as such because they operate under the authority of the state's High Court.
  In each district of India, there are various types of subordinate courts, including:
  • Civil Courts: Handle civil cases.
  • Criminal Courts: Handle criminal cases.
  • Revenue Courts: Deal with revenue-related matters.
• Civil Courts are presided over by a District Judge or a District and Sessions Judge. Below them, a Sub-Judge handles family court matters, and in some regions, there is a Munsif, as well as small-causes courts, which are the lowest level in the hierarchy of civil subordinate courts.
• Criminal Courts are overseen by a Sessions Judge or a Sessions and District Judge, with a Metropolitan Magistrate serving under a Sessions Judge.
• In Revenue Courts, the highest authority is the Board of Revenues, followed by a Collector or Commissioner, then a Tehsildar, and at the lowest level, a Naib Tehsildar.
• Together, the High Court and this hierarchy of subordinate courts, also referred to as lower courts, form the judicial system of a state.
• Subordinate courts include District Judges, Judges of city civil and criminal courts, Metropolitan magistrates, and all members of the state's judicial service.

Subordinate Civil Courts

Civil courts play a crucial role in resolving various disputes that arise among individuals related to property, divorce, landlord-tenant disagreements, evictions, consumer issues, bankruptcy, debt, breach of contracts, and other similar matters.

Functions and Powers of Civil Courts

• Civil courts handle cases that involve conflicts between individuals over various matters, excluding criminal offenses. These cases are wide-ranging, such as property disputes, divorce proceedings, landlord-tenant disagreements, and contract breaches.
• Unlike criminal courts that focus on punishing offenders, civil courts primarily aim to settle disputes and provide remedies to the aggrieved parties without imposing criminal penalties.
• Judges in civil courts possess distinct powers compared to those in criminal courts. They can order the guilty party to pay fines or provide compensation to the affected party, but they do not have the authority to convict individuals or sentence them to imprisonment.
• The decisions made by civil court judges are guided by the Civil Procedure Code of the respective state, ensuring that cases are adjudicated in accordance with the established legal procedures.

Subordinate Criminal Courts

Role of Subordinate Criminal Courts

• Subordinate criminal courts are established under the state's High Court with the aim of dispensing justice and administering penalties to offenders based on the nature of the crime.
• These courts handle criminal cases arising from violations of the law, such as theft, rape, murder, physical assault, dacoity, pickpocketing, and more.
• When criminal cases are registered, the police file them in the lower court on behalf of the state against the accused.
• If the accused is found guilty, the court has the authority to impose various penalties, including fines, imprisonment, life imprisonment, or even the death penalty, although the latter must be confirmed by the High Court.
• Decisions in subordinate criminal courts are made in accordance with the Indian Penal Code and the Criminal Procedure Code.

Structure and Functioning of Subordinate Criminal Courts

• The highest criminal court within a district is the Sessions Court, overseen by the Sessions Judge, who may also serve as the District Judge, known then as the Sessions and District Judge.
• The Sessions Court is empowered to deliver sentences authorized by the Indian Penal Code.
• An Assistant Sessions Judge can hand down sentences of up to ten years of imprisonment.
• At the apex of the judicial hierarchy is the Supreme Court of India, serving as the highest criminal court in the country.

Subordinate Revenue Courts 

Revenue courts in a state primarily handle cases concerning land revenue within that particular state. These courts play a crucial role in resolving disputes and maintaining records related to land revenue.

• Revenue Courts are solely responsible for addressing cases associated with land revenue within the state.
• The highest revenue court within a district is the Board of Revenue, which specifically deals with final appeals in revenue-related matters.

The hierarchy of revenue courts typically includes:

• Courts of Commissioners
• Collectors
• Tehsildars
• Naib or Assistant Tehsildars

Appointment of Judges for Subordinate Courts

• When it comes to the appointment of judges for subordinate courts, the State Governor, in consultation with the High Court, is responsible for making any appointments and promotions of district judges within a state. 
• To be eligible for appointment as a District Judge, an individual must be recommended by the High Court if they have not served the state for a minimum of seven years.

Conclusion

Subordinate courts are under the jurisdiction of the state's High Court. It's crucial to note that despite the jurisdiction, the High Court of a state holds the authority to withdraw a case that is pending before any subordinate court. Additionally, the High Court exercises complete control and authority over the employees and officers working within subordinate courts.