SUBORDINATE COURTS

Subordinate courts, also known as lower courts, form an integral part of the judicial system in India. These courts operate at the district and lower levels, and their structure and jurisdiction are defined by both central and state laws.

Hierarchy of Subordinate Courts:

1. Civil and Criminal Judiciary:
   • Subordinate courts are bifurcated into civil and criminal judiciary, dealing with civil and criminal matters, respectively.
2. District Judiciary:
   • At the base of the hierarchy are the district courts, which operate at the district level. Each district court is headed by a District and Sessions Judge.

Types of Subordinate Courts:

1. Civil Courts:
   • Civil courts deal with civil matters, including disputes between individuals or entities. The hierarchy of civil courts includes:
     • District Courts: Divided into civil and sessions divisions.
     • Additional District Courts: May be appointed to assist the District Judge.
     • Subordinate Courts (Munsiff or Civil Judge Courts): At the lowest level, dealing with small claims.
2. Criminal Courts:
   • Criminal courts handle criminal cases, including offenses against individuals or the state. The hierarchy of criminal courts includes:
     • Sessions Courts: Adjudicate serious criminal offenses.
     • Chief Judicial Magistrate Courts: Handle serious criminal offenses within their territorial jurisdiction.
     • Judicial Magistrate Courts: Adjudicate less serious offenses.

Jurisdiction of Subordinate Courts:

1. Territorial Jurisdiction:
   • Subordinate courts typically have jurisdiction limited to the geographical area or district under their authority.
2. Subject-Matter Jurisdiction:
   • The type of cases a court can hear is determined by its subject-matter jurisdiction. For example, civil courts hear civil cases, while criminal courts handle criminal matters.
3. Pecuniary Jurisdiction:
   • Pecuniary jurisdiction relates to the monetary value of the claims or damages that a court can adjudicate. Different levels of courts may have different pecuniary jurisdictions.

Role and Functions:

1. Adjudication of Cases:
   • Subordinate courts play a crucial role in adjudicating cases related to both civil and criminal matters.
2. Execution of Decrees:
   • They are responsible for the execution of decrees issued by higher courts.
3. Preliminary Inquiry:
   • Magistrates in subordinate courts conduct preliminary inquiries in criminal cases to determine if there is sufficient evidence for a trial.
4. Trial of Cases:
   • Subordinate courts conduct trials in both civil and criminal cases.
5. Recording of Evidence:
   • These courts are responsible for recording evidence presented by parties involved in a case.
6. Maintenance of Records:
   • Subordinate courts maintain records of all cases heard and decided.

Appointment and Tenure:

1. Judicial Service Examinations:
   • Judicial officers in subordinate courts are often recruited through judicial service examinations conducted by state public service commissions.
2. Tenure:
   • Judges in subordinate courts have a fixed tenure, and their appointments are governed by state-specific laws.

Appellate Structure:

1. Appellate Jurisdiction:
   • Decisions of subordinate courts can be appealed to higher courts, such as district court decisions being appealed to the High Court.
2. Hierarchy of Appellate Courts:
   • The appellate hierarchy includes the High Courts, followed by the Supreme Court for certain matters.

Challenges:

1. Backlog of Cases:
   • Subordinate courts often face challenges related to the backlog of cases, leading to delays in the disposal of cases.
2. Infrastructure Issues:
   • Some subordinate courts may face issues related to infrastructure, including insufficient courtrooms and facilities.
3. Vacancies:
   • Vacancies in judicial positions can affect the efficiency of subordinate courts.
4. Training and Resources:
   • Adequate training and resources are essential for the effective functioning of subordinate courts.

In conclusion, subordinate courts play a crucial role in the administration of justice in India. They form an essential part of the judicial system, handling a wide range of civil and criminal cases and providing access to justice at the grassroots level. The hierarchy of courts ensures that disputes are resolved at various levels, with the possibility of appeal to higher courts for further review.