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Appointment of District Judges
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- The appointment, posting and promotion of the district judges in a state are made by the Governor of the State in consultation with the high court.
- The following qualifications are required for a person to be appointed as a district judge:
- He/she should not already be in the service of the Central or the State Government.
- He/she should have been an advocate or a pleader for seven years.
- He/she should be recommended by the High Court for the appointment.
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Appointment of Judges other than the District Judges
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The Governor of the State appoints people (other than district judges) to the State’s judicial service after consulting with the State Public Service Commission and the High Court.
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Control over Subordinate Courts
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The High Court has jurisdiction over district courts and other subordinate courts, including the posting, promotion, and leave of personnel in the state’s judicial service who occupy any office lower than that of the district judge.
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Interpretation of the Terms
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- Under Article 236, the expression ‘district judge’ includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge, and assistant sessions judge.
- The term “judicial service” refers to a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.
- The Governor may direct that any class or classes of magistrates in the state be subject to the above-mentioned provisions relating to people in the state judicial service.
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Subordinate Courts – Structure and Jurisdiction
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- The States define the subordinate judiciary’s organizational structure, jurisdiction, and terminology. As a result, they vary slightly from State to State. Generally, underneath the High Court, there are three tiers of civil and criminal courts.
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District Judge
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- The district judge is also the sessions judge. When he/she deals with the civil cases, designated as the district judge whereas when he/she hears the criminal cases, designated as sessions judge.
- District judge have both judicial and administrative powers. He also has supervisory powers over all the subordinate courts in the districts. Appeals against his/her orders and judgements lie to the high court.
- The session judge can also impose any sentence including life imprisonment and capital punishment (death sentence). However, the death sentence imposed by him/her needs confirmation from the High Court whether there is an appeal or not.
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Lower Courts
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- On the civil side, the Subordinate Judge’s Court is located below the District and Sessions Court, while on the criminal side, the Chief Judicial Magistrate’s Court is located beneath the District and Sessions Court.
- In civil cases, the subordinate judge has unrestricted pecuniary jurisdiction while the chief judicial magistrate rules on criminal matters that carry a maximum sentence of seven years in jail.
- The Court of Munsiff, on the civil side, and the Court of Judicial Magistrate, on the criminal side, are the lowest levels.
- The munsiff has limited jurisdiction and only decides minor civil issues of the low monetary stake while a judicial magistrate is a person who hears criminal proceedings which are punishable by a sentence of up to three years in jail.
- On the civil side, there are city civil courts (chief judges) in various metropolitan cities, and on the criminal side, there are courts of metropolitan magistrates.
- Small Causes Courts have been established in several States and presidential towns. These courts make quick decisions in civil matters with low stakes. Their decisions are final, although the High Court can overturn them.
- Panchayat Courts hear petty civil and criminal cases in several states. Nyaya Panchayat, Gram Kutchery, Adalati Panchayat, Panchayat Adalat, and so on are some of the names given to them.
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Nyaya Panchayats
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The judicial components of the panchayat system, which is the lowest rung of our judiciary, are Nyaya Panchayats. They are designed to administer justice at the local or rural level. The Nyaya Panchayat was established for the following reasons:
- Democratic decentralization.
- Easy access to justice.
- Speedy disposal of cases.
- Inexpensive justice system.
- Revival of traditional village community life.
- Combination of the judicial system and local self-government.
- Reduction in pressure on Civil Courts.
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Issues Faced by Subordinate Courts
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- High Caseload and Backlog: Subordinate courts in India grapple with an overwhelming number of pending cases, comprising about 87.54% of the total judicial workload. The sheer volume of cases creates significant challenges in managing and adjudicating them in a timely manner.
- Shortage of Judges: There is a chronic shortage of judges in subordinate courts, with only 79% of the sanctioned strength being filled. This shortage exacerbates the burden on existing judges and contributes to delays in case disposal.
- Low Case Clearance Rate: Despite efforts to resolve cases, the case clearance rate (CCR) for subordinate courts stands at 89%, indicating that cases are being disposed of at a slower pace than they are being filed. This leads to a continuous accumulation of pending cases.
- Vacancies and Recruitment Issues: Vacancies remain unfilled due to delays in calling for applications, conducting recruitment examinations, and declaring results.
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