Sub-Ordinate Courts

The State Judiciary forms the lower half of India’s unified judicial system.
Each state has:

1. A High Court (top level in the state), and
2. A hierarchy of Subordinate Courts (district and below).

They are called subordinate because they work under the control and supervision of the High Court.

🧩 Constitutional Provisions

Articles 233 to 237 in Part VI of the Constitution lay down the framework for how the subordinate judiciary is organised and protected from executive interference.

Let’s decode them 👇

1️⃣ Appointment of District Judges (Article 233)

• The Governor appoints, posts and promotes District Judges in consultation with the High Court.
• So, both the executive and the judiciary share responsibility — a constitutional balance.

Qualifications for District Judge:

1. Must not be in service of the Central or State Government.
2. Must have been an advocate or pleader for at least 7 years.
3. Must be recommended by the High Court.

(Hence, the judiciary screens the candidate even though the Governor issues the formal appointment.)

2️⃣ Appointment of Other Judges (Article 234)

For lower-rank judges (below District Judge level):

• The Governor appoints them after consulting both
  (a) the State Public Service Commission (SPSC) and
  (b) the High Court.

Thus, appointment = Governor + SPSC + HC consultation → ensures merit + independence.

3️⃣ Control over Subordinate Courts (Article 235)

• The High Court controls posting, promotion, leave and discipline of all judicial officers below the level of District Judge.
• Hence, High Courts maintain administrative independence of the district judiciary.

4️⃣ Interpretation of Key Terms (Article 236)

• ‘District Judge’ includes →
  Judge of City Civil Court, Additional/Joint/Assistant District Judge, Chief Judge of Small Cause Court, Chief/Additional Chief Presidency Magistrate, Sessions Judge, Additional Sessions Judge, Assistant Sessions Judge.
• ‘Judicial Service’ means → service exclusively meant to fill the posts of District Judge and other civil judicial posts below that level.

5️⃣ Application to Certain Magistrates (Article 237)

The Governor may direct that provisions relating to the judicial service also apply to any class of magistrates in the state — ensuring uniform standards.

🏛 Structure & Jurisdiction of Subordinate Courts

Each state designs its own judicial hierarchy (names and jurisdictions vary slightly), but the three-tier pattern remains broadly the same 👇

State Judicial Pyramid

🧱 District & Sessions Judge’s Court

• Highest judicial authority in the district.
• Holds original and appellate jurisdiction in both civil and criminal matters.
• Same person acts as → District Judge (civil cases) and Sessions Judge (criminal cases).

Powers & Functions:

• Exercises judicial + administrative + supervisory powers over all subordinate courts.
• Appeals from his/her judgments go to the High Court.
• Can award any sentence, including life imprisonment and death sentence — but death sentence needs High Court confirmation, whether appealed or not.

⚖️ Below the District Court

(A) Civil Side

• Subordinate Judge’s Court → Unlimited pecuniary jurisdiction for civil suits.
• Munsiff’s Court → Lower civil court; handles cases of small monetary value.

(B) Criminal Side

• Chief Judicial Magistrate’s Court (CJM) → Can award up to 7 years imprisonment.
• Judicial Magistrate’s Court (JM) → Can award up to 3 years imprisonment.

🏙 Special Urban Courts

• City Civil Courts (headed by Chief Judge) – for civil cases in metropolitan cities.
• Metropolitan Magistrate’s Courts – for criminal cases in metros.
• Small Causes Courts – handle minor civil disputes of low value through a summary procedure.
  Their decisions are final, though High Court has revisional power.

🪶 Panchayat Courts

At the base of rural justice:

• Try petty civil and criminal matters.
• Names differ across states → Nyaya Panchayat, Gram Kutchery, Adalati Panchayat, Panchayat Adalat, etc.
• Aim → Provide quick and low-cost justice at village level.

📋An Overview of Articles on Subordinate Courts

Article No.	Subject-matter
233.	Appointment of district judges
233A.	Validation of appointments of, and judgements, etc., delivered by certain district judges
234.	Recruitment of persons other than district judges to the judicial service
235.	Control over subordinate courts
236.	Interpretation
237.	Application of the provisions of this Chapter to certain class or classes of Magistrates