Introduction

• Subordinate Courts function below the High Courts.
• Also known as Lower Judiciary or District Judiciary.
• Governed by:
  • Articles 233 to 237 of the Constitution
  • Criminal Procedure Code (CrPC) and Civil Procedure Code (CPC)

Structure of Subordinate Judiciary

Civil Courts

• District Judge: Principal civil court of original jurisdiction
• Subordinate Judges
• Munsiff Courts

Criminal Courts

• Sessions Judge: Head of criminal courts
• Chief Judicial Magistrates (CJM)
• Judicial Magistrates of First and Second Class

District Judge = both civil and criminal powers in some cases

District Judge

• Appointed by the Governor in consultation with the High Court
• Must be an advocate of at least 7 years’ standing
• Functions as:
  • District Judge in civil cases
  • Sessions Judge in criminal cases

Article-wise Breakdown

Appointment of District Judges (Art. 233)

• Appointed by Governor after consultation with High Court
• Must be in judicial service or advocate with 7+ years of experience
• Excluded: Persons in Government services (other than judiciary)

Appointment of Other Judicial Officers (Art. 234)

• Appointed by Governor
• Based on State Public Service Commission recommendations and High Court consultation

Control Over Subordinate Judiciary (Art. 235)

• Vested in the High Court
• Includes:
  • Postings
  • Promotions
  • Leave
  • Disciplinary control

Judicial Service

• Defined under Art. 236
• Includes:
  • District judges
  • Civil judges
  • Magistrates
  • Munsiffs, etc.

Key Facts for Prelims

• Subordinate Courts operate below the High Court
• District Judge is the highest judicial authority at the district level
• Sessions Court deals with criminal matters
• Appointment of District Judges – Art. 233
• Control over Subordinate Judiciary – Art. 235
• Other officers’ appointment – Art. 234
• Sessions Court – Hears criminal cases (serious offenses)
• Munsiff Court – Lowest level civil court
• Judicial Magistrate – Handles minor criminal cases