Subordinate Judiciary
Subordinate Courts consist of district courts and other lower courts. They are called subordinate courts as they are subordinate to the High Courts. Subordinate Judiciary is the backbone of the Judiciary. It is the first judicial institution with which a majority of the citizens interact. It is covered under Part IV of the Indian constitution from Article 233 to 237.
In each District of India, there are different types of subordinate courts. They are criminal courts, civil courts and revenue courts. These Courts hear civil cases, criminal cases and revenue cases, respectively.
Structure of the Subordinate Court
The structure of the subordinate courts differs from State to State. There are generally three tiers of civil court and criminal courts below the high court. The district court is the highest court in the District.
On the civil side (in ascending order of hierarchy) are:
- Junior Civil Judge Courts
- Principal Junior Civil Judge Courts
- Senior Civil Judge Courts (also called sub-court).
Subordinate courts on the criminal side (in ascending order of hierarchy) are:
- First Class Judicial Magistrate Court and;
- Chief Judicial Magistrate Court.
Appointment procedure:
Appointment of the District Judge:
- Article 233 states that the Governor of the State, in consultation with the High Court of that State, will decide upon the appointment, posting, and promotion of the district judges in that State.
- The Supreme Court of India, in its judgement in the All India Judges Association vs. Union of India case, laid down three methods of appointment of District Judges. The methods are the following:
- Direct recruitment from advocates at the Bar with a minimum experience of 7 years or;
- Promotion based on merit;
- Merit-cum-seniority from the pool of existing Civil Judges (Senior Division).
- In case of promotion, the Governor decides with the consultation of the High Court in that State. In the matter of recruitment from the Bar, the appointment can be made on the recommendation of the High Court. Thus, the High Court has been made powerful in the recruitment of district judges.
- Article 236 clarifies the term District Judge, which includes Judge of a sessions judge, additional sessions judge, city civil court, additional district judge, joint district judge, assistant district judge, chief presidency magistrate and assistant sessions Judge.
Appointment of judges other than the district judge:
Article 234 talks about judges other than district judges. According to it, the appointment of these judges shall be made by the Governor of the State in accordance with the rule he made in consultation with the State Public Service Commission.
