Subordinate Judiciary

<–2/”>a >Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of Subordinate Courts and to ensure their independence from the executive . Articles 233 to 237 in Part VI of the Constitution make the following provisions to regulate the organization of subordinate courts and to ensure their independence from the executive .

The framework  of the  current  legal  system has been  laid  down by the  Indian  Constitution  , which states for an integrated and uniform judiciary system and  the judicial  system  derives  its  powers  from  it.  There  are  various  levels  of  judiciary  in  India— different  types  of  courts,  each  with  varying  powers  depending  on  the  tier  and  jurisdiction bestowed upon them. They form a hierarchy of importance, in line with the order of courts in which they sit, with The Supreme Court of India at the top, followed by High Courts of respective states with District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.

Type of cases

• Civil cases pertain to disputes between two or more persons regarding property, breach of agreement or contract, divorce or landlord – tenant disputes. Civil Courts settle these disputes. They do not award any punishment as violation of law is not involved in civil cases.
• Criminal cases relate to violation of laws. These cases involve theft, dacoity, rape, pickpocketing, physical assault, murder, etc. These cases are filed in the lower court by the police, on behalf of the state, againt the accused. In such cases the accused, if found guilty, is awarded punishment like fine, imprisonment or even death sentence.
• Revenue cases relate to land revenue on agriculture land in the district.

The District Courts of India are presided over by a judge. They administer Justice in India at a district level. These courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs.

       The highest court in each district is that of the District and Sessions Judge. This is the principal court of civil jurisdiction. This is also a court of Sessions. Sessions-triable cases are tried by the Sessions Court. It has the power to impose any sentence including capital punishment.

       There are many other courts subordinate to the court of District and Sessions Judge. There is a three tier system of courts. On the civil side, at the lowest level is the court of Civil Judge (Junior Division). On criminal side the lowest court is that of the Judicial Magistrate. Civil Judge (Junior Division) decides civil cases of small pecuniary stake. Judicial Magistrates decide criminal cases which are punishable with imprisonment of up to five years.

       At the middle of the hierarchy there is the Court of Civil Judge (Senior Division) on the civil side and the Court of the Chief Judicial Magistrate on the Criminal side. Civil Judge (senior division) can decide civil cases of any valuation. There are many additional courts of Additional Civil Judge (senior division).The Jurisdiction of these addition courts is the same as that of the principal court of Civil Judge (Senior Division). The Chief Judicial Magistrate can try cases which are punishable with imprisonment for a term up to seven years. Usually there are many additional courts of Additional Chief Judicial Magistrates. At the top level there may be one or more courts of additional district and sessions judge with the same judicial power as that of the District and Sessions judge.

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The Indian judicial system is a complex and multi-tiered system that is divided into civil and criminal courts. The civil courts deal with disputes between individuals or organizations, while the criminal courts deal with cases involving alleged crimes.

The district courts are the lowest level of courts in the Indian judicial system. They have jurisdiction over a wide range of civil and criminal matters, including cases involving property, contracts, marriage, divorce, and inheritance. District courts are also responsible for trying cases involving serious crimes, such as murder, rape, and robbery.

Munsif courts are lower courts that are subordinate to the district courts. They have jurisdiction over minor civil and criminal matters, such as cases involving debt, assault, and theft. Munsif courts are also responsible for trying cases involving family law, such as divorce and child custody.

Judicial magistrates are lower courts that are subordinate to the munsif courts. They have jurisdiction over minor civil and criminal matters, such as cases involving traffic violations, petty theft, and public drunkenness. Judicial magistrates are also responsible for issuing warrants and conducting preliminary investigations into criminal cases.

Family Courts are specialized courts that deal with family law matters, such as divorce, child custody, and maintenance. Family courts are designed to provide a more informal and less adversarial setting for resolving family disputes than the regular courts.

Labour courts are specialized courts that deal with labor law matters, such as disputes between employers and employees. Labour courts are designed to provide a more speedy and efficient resolution of labor disputes than the regular courts.

Consumer courts are specialized courts that deal with Consumer protection matters, such as disputes between consumers and businesses. Consumer courts are designed to provide a more accessible and affordable forum for consumers to resolve their disputes than the regular courts.

Rent control courts are specialized courts that deal with rent control matters, such as disputes between landlords and tenants. Rent control courts are designed to protect tenants from unfair rent increases and evictions.

Debt recovery Tribunals are specialized courts that deal with debt recovery matters, such as disputes between creditors and debtors. Debt recovery tribunals are designed to provide a more efficient and effective way for creditors to recover debts than the regular courts.

Small causes courts are lower courts that have jurisdiction over minor civil matters, such as cases involving debt, property damage, and personal injury. Small causes courts are designed to provide a more affordable and accessible forum for resolving minor civil disputes than the regular courts.

Special courts are courts that have been established to deal with specific types of cases, such as cases involving terrorism, organized crime, and Corruption. Special courts are often given special powers, such as the power to hold in camera hearings and to grant bail more restrictively.

The Indian judicial system is a complex and multi-tiered system that is designed to provide a fair and just system of justice for all. The various courts in the system have different jurisdictions and powers, and they are designed to deal with different types of cases. The Indian judicial system is constantly evolving, and it is always striving to improve the delivery of justice to the people of India.

What is the subordinate judiciary?

The subordinate judiciary is the lower level of the judicial system in a country. It is responsible for hearing and deciding cases on a day-to-day basis. The subordinate judiciary is made up of courts of first instance, such as magistrates’ courts and district courts, and appellate courts, such as high courts and supreme courts.

What are the functions of the subordinate judiciary?

The functions of the subordinate judiciary are to:

• Hear and decide cases on a day-to-day basis
• Provide access to justice for all citizens
• Uphold the Rule of Law
• Protect the rights of individuals
• Ensure that justice is served

What are the qualifications for becoming a judge in the subordinate judiciary?

The qualifications for becoming a judge in the subordinate judiciary vary from country to country. However, in most countries, judges must be qualified lawyers who have a certain number of years of experience in the legal profession.

What are the challenges facing the subordinate judiciary?

The subordinate judiciary faces a number of challenges, including:

• A lack of Resources
• A shortage of qualified judges
• A backlog of cases
• Corruption
• Political interference

What are some of the reforms that have been proposed to improve the subordinate judiciary?

Some of the reforms that have been proposed to improve the subordinate judiciary include:

• Increasing the number of judges
• Providing more training for judges
• Investing in technology
• Increasing Transparency and Accountability
• Reducing corruption

What is the role of the public in supporting the subordinate judiciary?

The public can support the subordinate judiciary by:

• Respecting the rule of law
• Obeying court orders
• Reporting corruption
• Participating in judicial reform
• Holding judges accountable

1. The Supreme Court of India is the highest court in India. It is located in New Delhi.
2. The Supreme Court has original jurisdiction in cases involving disputes between the central government and the state governments, and between the states themselves.
3. The Supreme Court also has Appellate Jurisdiction in cases involving the interpretation of the Constitution.
4. The Supreme Court is composed of a chief justice and 30 other judges.
5. The chief justice is appointed by the president of India, in consultation with the prime minister and the leader of the opposition.
6. The other judges are appointed by the president of India, on the advice of the chief justice.
7. The Supreme Court has the power to strike down laws that it deems to be unconstitutional.
8. The Supreme Court also has the power to issue writs, which are orders that must be obeyed by the government.
9. The Supreme Court is the final court of appeal in India.

10. The Supreme Court is a very important institution in India. It plays a vital role in upholding the Constitution and ensuring that the government acts in accordance with the law.

11. The High Court is the highest court in a state. It is located in the capital of the state.

12. The High Court has original jurisdiction in cases involving disputes between the State Government and the citizens of the state, and between the citizens of the state themselves.
13. The High Court also has appellate jurisdiction in cases involving the interpretation of the state laws.
14. The High Court is composed of a chief justice and a number of other judges.
15. The chief justice is appointed by the president of India, in consultation with the governor of the state.
16. The other judges are appointed by the president of India, on the advice of the chief justice.
17. The High Court has the power to strike down laws that it deems to be unconstitutional.
18. The High Court also has the power to issue writs, which are orders that must be obeyed by the government.

19. The High Court is the final court of appeal in a state.

20. The District Court is the highest court in a district. It is located in the headquarters of the district.

21. The District Court has original jurisdiction in cases involving disputes between the citizens of the district, and between the citizens of the district and the government.
22. The District Court also has appellate jurisdiction in cases involving the interpretation of the district laws.
23. The District Court is composed of a chief judge and a number of other judges.
24. The chief judge is appointed by the governor of the state, in consultation with the chief justice of the High Court.
25. The other judges are appointed by the governor of the state, on the advice of the chief justice of the High Court.
26. The District Court has the power to strike down laws that it deems to be unconstitutional.

27. The District Court also has the power to issue writs, which are orders that must be obeyed by the government.

28. The Judicial Magistrate is a judicial officer who has jurisdiction to try cases involving minor offenses.

29. The Judicial Magistrate is appointed by the state government.
30. The Judicial Magistrate has the power to impose a fine of up to ₹10,000 or imprisonment for up to six months, or both.
31. The Judicial Magistrate also has the power to issue warrants of arrest.

32. The Judicial Magistrate is a very important officer in the criminal justice system. He/She is responsible for ensuring that the rights of the accused are protected and that justice is served.

33. The Metropolitan Magistrate is a judicial officer who has jurisdiction to try cases involving serious offenses.

34. The Metropolitan Magistrate is appointed by the state government.
35. The Metropolitan Magistrate has the power to impose a fine of up to ₹50,000 or imprisonment for up to three years, or both.
36. The Metropolitan Magistrate also has the power to issue warrants of arrest.
37. The Metropolitan Magistrate is a very important officer in the criminal justice system. He/She is responsible for ensuring that the rights of the accused are protected and that justice is served.