Subordinate Courts

India is one of the biggest democracies in the world. In order to ensure law and order throughout this vast country, every state has its own judiciary system in place. Under the judicial structure of each state of India, the High Court is regarded as the highest authority. Below the High Court, other courts make up the subordinate judiciary system. These courts are known as subordinate courts.

The terminology and jurisdiction of these subordinate courts vary from state to state. However, in general, three or more levels of criminal and civil courts make up the subordinate judiciary system below the High Court.

Types of Subordinate Courts

The subordinate courts have been named such because they come under the authority of the state’s High Court. In every district in India, there are many types of subordinate courts. These include:

•  Civil Courts that hear civil cases
• Criminal Courts that hear criminal cases
• Revenue Courts that attend to revenue-related cases

Civil Courts are ruled by a District Judge or a District and Sessions Judge. Under them come a Sub-Judge who attends to matters at the family courts. In some places, below this, there is the Munsif, and there can also be small-causes courts that make up the lowest rung of the hierarchy of civil subordinate courts.

Criminal Courts are ruled by a Sessions Judge or a Sessions and District Judge. Under a Sessions Judge, there can be a Metropolitan Magistrate.

When it comes to Revenue Courts, the highest power remains with a Board of Revenues, followed by a Collector or Commissioner, then a Tehsildar, and at the lowest level, there can be a Naib Tehsildar.

So the High Court, along with this hierarchy of subordinate courts, also known as lower courts, make up a state’s judicial system.

The subordinate courts comprise the District Judges, Judges of any of the city civil and criminal courts, Metropolitan magistrates and all the members of the judicial service of that state.

Subordinate Civil Courts

Let us look at the functions and powers of civil courts in a state.

• Civil cases that are related to disputes between people regarding property, divorce, landlord-tenant disputes, eviction, consumer problems, bankruptcy or debt, breach of agreement or contract and others are handled by the civil courts. Other than criminal cases, civil courts hear all other cases
• The civil courts help settle such disputes, but they do not pass any type of punishment for violating the law
• Judges in the civil courts have different powers than the judges in criminal courts
• A judge in a civil court can only make the guilty party pay fines, but they cannot convict a person and send them to prison
• Judges of the civil court dispense the cases in accordance with the Civil Procedure Code of the state

Subordinate Criminal Courts

Let us look at the functions and powers of criminal courts in a state.

• Subordinate criminal courts are established under the state’s High Court to distribute justice to the people and impart punishment to the offenders depending on the crime
• The subordinate criminal courts hand criminal cases where a violation of the law occurs
• These cases may include theft, rape, murder, physical assault, dacoity, pickpocketing, etc
• The cases that belong to the criminal courts are filed in the lower court by the police against the accused and on behalf of the state
• If the accused is found guilty, the court can award various punishments, including fines, imprisonment, life imprisonment or even death penalty. However, if a death sentence is passed, it has to be confirmed by the High Court
• The cases brought to the subordinate criminal courts are disposed of in accordance with the Indian Penal Code and the Criminal Procedure Code
• The highest criminal court in any district is the Sessions Court, headed by the Sessions Judge. Sometimes the District Judge also acts as the Sessions Judge, in which case he is known as the Sessions and District Judge
• The Sessions Court can pass any sentence that the Indian Penal Code authorises
• An Assistant Sessions Judge can give sentencing of up to ten years imprisonment
• The Supreme Court of India is the highest criminal court in India

Subordinate Revenue Courts

Let us look at the functions and powers of revenue courts in a state.

• Revenue Courts only deal with cases related to land revenue inside the state
• The Board of Revenue is the highest revenue court in any district
• The Board of Revenue only hears the final appeals

Under the Board of Revenue, there are:

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

Appointment of Judges for Subordinate Courts

Any appointments and promotion of the district judges of any state are made by the State Governor in consultation with the High Court. A person who has not been in the service of the state for at least seven years has to be recommended by the High Court for appointment as a District Judge.

Conclusion 

The subordinate courts come under the authority of the state’s High Court. However, it is important to keep in mind that the High Court of a state can withdraw a case pending before any subordinate court despite the jurisdiction. The High Court also has complete authority and control over the employees and officers of subordinate courts.