The provisions related to subordinate courts are provided in the 6th part of the Indian Constitution. Articles 233-237 deal with the subordinate courts.
District courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs. They form the third level from the top in the hierarchy of Indian Courts. They are courts of the State governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district.
The district court is also a court of Sessions when it exercises its jurisdiction on criminal matters under Code of Criminal procedure.
There are in total 351 district courts in operation out of which 342 are of states while 9 are of union territories.
Judicial independence of each court is the characteristic feature of the district judiciary. In each district, there is a strong bar which ensures that courts decide cases according to law and without fear or favour. The greatest problem of district courts is that of the huge backlog of cases leading to undue delay in deciding cases.
Three Tier System of District courts:
The highest court in each district is that of the District and Sessions Judge. They administer justice in India at a district level. They are presided over by a judge appointed by the State Government.
There are additional district judges and assistant district judges who are there to share the additional load of the proceedings of District Courts. ADJ is the Additional District Judge and the court presided have similar and equal jurisdiction as the District Judge and his district court.
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. Since District court is at a higher hierarchical level, a law declared by the district court is applicable to all subordinate courts.
It looks after the Civil and criminal matters of the district.
Appointments of Judges:
The judges of subordinate courts are appointed by the Governor in consultation with the chief justice of the High Court of the concerned State.
Qualification Required:
He should be a citizen of India
The person should not already in the service of the Union or of the state
A minimum of seven years of practise as a lawyer at the bar is a necessary qualification for direct entry level to become a District Judge upon a written examination and oral interview by a committee of High court judges, the appointment of district judges is notified by the State Government.
Removal of Judge:
He may be removed from his office by the state Govt. in consultation with the High court of the concerned state.
Jurisdiction:
The district court or additional district court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the district.
The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts.
On the criminal side, jurisdiction is exclusively derived from the criminal procedure code. As per this code, the maximum sentence a sessions judge of a district court may award to a convict is capital punishment. Thus The maximum sentence a Sessions Judge of the district court may award to a convict is capital punishment.
The district court has appellate jurisdiction over all subordinate courts situated in the district on both civil and criminal matters.
Certain matters on the criminal side or civil side cannot be tried by a lesser court than a district court. This gives the district court original jurisdiction in such matters.
Power of District Judge:
The District Judge manages the state funds allocated for the development of judiciary in the concerned district of which he/she is a judge.
He is the highest judge at the district level.
Metropolitan Court:
An area is designated a metropolitan area by the concerned State Government if the population of the area exceeds one million or more.
The district judge is known as a Metropolitan session judge while presiding over a district court in a city which is designated Metropolitan area by the State Government.
Subordinate Courts Below District Court:
Civil Side:
There is a three-tier system of courts.
At the lowest level is the court of Junior Civil Judge. Junior Civil Judge decides civil cases of the small pecuniary stake.
At the middle of the hierarchy, there is the Court of Senior Civil Judge. Senior Civil Judge can decide civil cases of any valuation.
At the level above the court of Junior Civil Judge, there is the court of Principal Junior Civil Judge.,
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 the Civil Judge (Senior Division). At the top level, there may be one or more courts of the additional district judge with the same judicial power as that of the District judge.
Criminal:
There is a three-tier system of courts.
At the lowest level is the court of the Second Class Judicial Magistrate. The Second Class Judicial Magistrates decide criminal cases which are punishable with imprisonment of up to five years.
At the middle of the hierarchy, there is the First Class Chief Judicial Magistrate court who can try cases which are punishable with imprisonment for a term up to seven years.
At the top level, there may be one or more courts of additional sessions judge with the same judicial power as that of the Sessions judge. This court is known as the court of Chief Judicial Magistrate. Usually, there are many additional courts of Additional Chief Judicial Magistrates.
At the top level of this system, family courts are founded to deal with the issues related to disputes of matrimonial issues only. The status of Principal Judge of the family court is at par with the District Judge.
Subordinate Courts Below Metropolitan Court:
Civil Side:
There is a three-tier system of courts.
At the lowest level is the court of small causes. Junior Civil Judge decides civil cases of the small pecuniary stake.
At the middle of the hierarchy, there is the Court of Senior Civil Judge. Senior Civil Judge can decide civil cases of any valuation.
At the level above the court of Junior Civil Judge, there is the court of Principal Junior Civil Judge.,
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 the Civil Judge (Senior Division). At the top level, there may be one or more courts of the additional district judge with the same judicial power as that of the District judge.
Criminal:
There is a three-tier system of courts.
At the lowest level is the court of the Second Class Judicial Magistrate. The Second Class Judicial Magistrates decide criminal cases which are punishable with imprisonment of up to five years.
At the middle of the hierarchy, there is the First Class Chief Judicial Magistrate court who can try cases which are punishable with imprisonment for a term up to seven years.
At the top level, there may be one or more courts of additional sessions judge with the same judicial power as that of the Sessions judge. This court is known as the court of Chief Judicial Magistrate. Usually, there are many additional courts of Additional Chief Judicial Magistrates.
At the top level of this system, family courts are founded to deal with the issues related to disputes of matrimonial issues only. The status of Principal Judge of the family court is at par with the District Judge.
Village Courts:
The village courts are named as Lok Adalat or Nyaya Panchayat which means the service of justice extended to the villagers of India. This is the system for resolving disputes at the micro level. The Law Commission had recommended in 1984 to form the Nyaya Panchayats in the rural areas with the people of educational attainment. The latest development had been observed in 2008 through the initiation of Gram Nyaylayas Act which had sponsored the concept of installation of 5000 mobile courts throughout the country. These courts are assigned to judge the petty cases related to the civil and criminal offence which can generate the penalty of up to 2 years imprisonment.
