Chapter 27: Subordinate Courts
Introduction
Below the High Courts, there is a well-organized system of Subordinate Courts (also called Lower Courts) in every State and Union Territory.
These courts handle the majority of the civil and criminal cases in India, directly impacting the common citizen.
Thus, subordinate judiciary is the foundation of justice delivery in India.
Constitutional Provisions
- Articles 233 to 237 (Part VI) of the Constitution deal with Subordinate Courts.
- Structure is based on Indian High Courts Act, 1861 and continued post-1947.
Structure of Subordinate Courts
The structure broadly follows two branches:
| Branch | Courts Included |
|---|---|
| Civil Courts | Civil Judge (Junior Division), Civil Judge (Senior Division), District Judge |
| Criminal Courts | Judicial Magistrate, Chief Judicial Magistrate, Sessions Court |
Civil Courts Structure
1. District Court (Principal Civil Court)
- Headed by District Judge.
- Original jurisdiction over civil matters exceeding specific pecuniary value.
- Also hears appeals from lower civil courts.
2. Subordinate Civil Courts
| Court | Function |
|---|---|
| Civil Judge (Senior Division) | Handles medium-level civil cases. |
| Civil Judge (Junior Division) | Handles small civil suits. |
Criminal Courts Structure
1. Sessions Court (Principal Criminal Court)
- Headed by Sessions Judge.
- Tries serious criminal offences (e.g., murder, rape, dacoity).
- Can award death penalty (confirmed by High Court).
2. Subordinate Criminal Courts
| Court | Function |
|---|---|
| Chief Judicial Magistrate (CJM) | Handles important criminal cases (but not punishable by death/life imprisonment). |
| Judicial Magistrate First Class | Handles criminal cases of lesser gravity. |
| Judicial Magistrate Second Class | Deals with petty criminal cases. |
Specialized Criminal Courts
- Family Courts: Matrimonial issues (divorce, maintenance).
- Juvenile Justice Boards: Juvenile crimes.
- Fast Track Courts: Speedy trial for selected cases.
- NDPS Courts: Drug-related cases (Narcotic Drugs and Psychotropic Substances Act).
Appointment of Judges
District Judges (Article 233)
- Appointed by the Governor of the State,
- In consultation with the High Court.
Eligibility:
- Must be an advocate or pleader with at least 7 years’ experience,
- Recommended by High Court.
Other Subordinate Judges (Article 234)
- Appointed by the Governor after consultation with the:
- State Public Service Commission (PSC),
- High Court.
Control of High Court Over Subordinate Judiciary
Article 235
- High Court has complete control over:
- Posting,
- Promotion,
- Leave,
- Discipline of District Judges and subordinate judicial officers.
Thus, High Court supervises the entire functioning of subordinate courts.
Powers and Jurisdictions
| Court | Powers |
|---|---|
| District Judge | Original and appellate jurisdiction in civil matters; administrative head of subordinate civil courts. |
| Sessions Judge | Tries serious criminal offences; can award death sentence. |
| Chief Judicial Magistrate | Handles important criminal matters. |
| Judicial Magistrates | Handle petty and mid-level criminal cases. |
Hierarchy Chart: Subordinate Courts
javaCopyEditCivil Courts Criminal Courts
--------------- ----------------
District Judge Sessions Judge
↓ ↓
Civil Judge (Senior Division) Chief Judicial Magistrate
↓ ↓
Civil Judge (Junior Division) Judicial Magistrate (First/Second Class)
Features of Subordinate Judiciary
- Works under supervision and control of respective High Courts.
- Uniformity across the country maintained by common criminal and civil procedure laws (CrPC, CPC).
- Protects basic legal rights of ordinary citizens.
Challenges Faced by Subordinate Courts
- Huge backlog of pending cases,
- Shortage of judges and infrastructure,
- Delay in appointments and promotions,
- Increasing workload without proportional increase in staff.
Recent Developments
- E-Courts Project: Digitization and online case management.
- Special Fast Track Courts: For crimes against women and children.
- National Judicial Infrastructure Corporation proposal: For better court infrastructure.
Reforms Suggested
- Increasing number of judges.
- Improving court infrastructure (buildings, technology).
- Speedy appointments through transparent recruitment.
- Enhancing Alternate Dispute Resolution (ADR) mechanisms like Lok Adalats, Mediation.
Importance of Subordinate Courts
- First point of contact for citizens with the judiciary.
- Protects rule of law at the grassroots.
- Helps in maintaining public faith in justice system.
- Reduces burden on High Courts and Supreme Court.
“Justice delayed is justice denied — Subordinate Courts are crucial to timely justice.“
Conclusion
Subordinate courts are the backbone of the judicial system.
Strengthening them is essential for ensuring access to affordable, timely, and fair justice for every citizen.
“The majesty of law must first shine in the village court.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Article for District Judge Appointment | 233 |
| Supervisory Power of High Court Article | 235 |
| Head of Criminal Judiciary in District | Sessions Judge |
| Head of Civil Judiciary in District | District Judge |
| Minimum experience for District Judge | 7 years as Advocate |
Chapter 28: Tribunals
Introduction
Tribunals are quasi-judicial institutions that are set up to deal with specialized matters such as taxation, environment, administrative issues, etc.
They are faster, cheaper, and more specialized than regular courts.
Constitutional Provisions
- Article 323-A:
- Tribunals for public service matters (Administrative Tribunals).
- Article 323-B:
- Tribunals for other specific matters (like taxation, labor disputes, land reforms, etc.).
Thus, tribunals have constitutional backing.
Meaning of Tribunals
- Tribunal = Court-like body but deals only with specific issues.
- Has powers similar to courts:
- Summon witnesses,
- Take evidence,
- Pass binding orders.
Why Tribunals?
| Reason | Explanation |
|---|---|
| Reduce Burden on Courts | Specialized cases like tax appeals, environmental issues. |
| Faster Dispute Resolution | Tribunals deliver quicker judgments. |
| Technical Expertise | Members may include domain experts (e.g., engineers, scientists in NGT). |
| Affordable Justice | Less formal procedures, lower cost. |
Types of Tribunals
1. Administrative Tribunals
- Related to service matters (e.g., recruitment, promotion, retirement) of public servants.
Examples:
- Central Administrative Tribunal (CAT) (set up under Article 323-A),
- State Administrative Tribunals (SAT).
2. Tax Tribunals
- Handle disputes regarding direct and indirect taxes.
Examples:
- Income Tax Appellate Tribunal (ITAT),
- Customs, Excise and Service Tax Appellate Tribunal (CESTAT),
- GST Appellate Tribunal (GSTAT) (being operationalized).
3. Environmental Tribunals
- Deal with environmental protection and conservation issues.
Example:
- National Green Tribunal (NGT) — created by NGT Act, 2010.
4. Company Law Tribunals
- Deals with company-related disputes like mergers, winding up, shareholder issues.
Examples:
- National Company Law Tribunal (NCLT),
- National Company Law Appellate Tribunal (NCLAT).
5. Other Tribunals
| Tribunal | Purpose |
|---|---|
| Armed Forces Tribunal (AFT) | Handles service matters of armed forces personnel. |
| Telecom Disputes Settlement and Appellate Tribunal (TDSAT) | Settles telecom sector disputes. |
| Securities Appellate Tribunal (SAT) | Handles SEBI-related cases. |
Important Tribunals and Their Details
1. Central Administrative Tribunal (CAT)
- Established: 1985 under Administrative Tribunals Act, 1985.
- Jurisdiction:
- Recruitment, service conditions of public servants (central government employees).
- Appeals lie directly to Supreme Court, bypassing High Courts.
2. National Green Tribunal (NGT)
- Established: 2010.
- Deals with:
- Environmental protection,
- Forest conservation,
- Compensation for environmental damages.
- Special Feature:
- Expert members along with judicial members.
- Head Office: New Delhi, with zonal benches.
3. Income Tax Appellate Tribunal (ITAT)
- Established: 1941.
- Deals with appeals against Income Tax orders.
- Called the “Mother Tribunal” — first tribunal to be set up in India.
Powers of Tribunals
- Summon witnesses,
- Examine documents,
- Issue binding judgments,
- Award compensation (e.g., NGT for environmental harm).
Tribunals vs Courts
| Feature | Tribunals | Courts |
|---|---|---|
| Nature | Quasi-judicial | Judicial |
| Technical Expertise | Have expert members | Purely legal |
| Speed | Faster | Slower |
| Formalities | Less formal | Highly formal |
| Appeals | Sometimes limited | Full appellate process |
Constitutionality of Tribunals — Important Cases
Sampath Kumar Case (1987)
- Supreme Court upheld the validity of Administrative Tribunals under Article 323-A.
L. Chandra Kumar Case (1997)
- Landmark judgment.
- Supreme Court ruled:
- Tribunals are subject to High Court’s judicial review under Articles 226 and 227.
- Hence, tribunal decisions can be challenged in High Courts.
- High Courts’ and SC’s power of judicial review is part of Basic Structure.
Tribunals Reforms (Rationalization and Conditions of Service) Act, 2021
What it did:
- Merged many tribunals to reduce redundancy.
- Laid down:
- Terms and conditions of service of tribunal members,
- Age limit for appointment (50 years minimum).
Purpose:
- Improve efficiency,
- Reduce delays,
- Uniform rules for all tribunals.
Criticism of Tribunals
- Appointment process often controlled by Executive — affects independence.
- Delays similar to courts in some cases.
- Limited appeal rights restrict access to justice.
- Infrastructure problems — many tribunals lack adequate resources.
Recent Developments
- Supreme Court pushed for better appointment mechanisms (e.g., search-cum-selection committees).
- Demand for ensuring tribunal independence from executive interference.
- Proposal for National Tribunal Commission (pending) — independent body to manage tribunals.
Conclusion
Tribunals have become an integral part of India’s judicial structure.
They help in speedy, specialized, and affordable justice.
However, for tribunals to serve their purpose fully, their independence, efficiency, and accessibility must be ensured.
“A tribunal must be not only independent but must also be seen to be independent.” — Supreme Court
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Articles related to Tribunals | 323-A and 323-B |
| First Tribunal in India | Income Tax Appellate Tribunal (1941) |
| Landmark Case | L. Chandra Kumar Case (1997) |
| NGT Established | 2010 |
| Administrative Tribunal Setup Year | 1985 |
| Tribunals Reforms Act Passed in | 2021 |