SUBORDINATE COURTS

Polity

CONSTITUTIONAL BASIS
• Part VI (Articles 233–237) deals with subordinate courts.
• State judiciary consists of High Court and courts below it (district & lower courts).
• Subordinate courts function under the supervision of the High Court.

APPOINTMENT OF DISTRICT JUDGES
• Appointed, posted and promoted by the Governor.
• Consultation mandatory with the High Court.
• Qualifications:
  – Not already in the service of the Union or State.
  – Must have been an advocate for at least 7 years.
  – Must be recommended by the High Court.

APPOINTMENT OF OTHER JUDGES
• Made by the Governor after consulting:
  – State Public Service Commission.
  – High Court of the state.

CONTROL OF SUBORDINATE COURTS
• High Court exercises complete control over:
  – Posting.
  – Promotion.
  – Leave.
  – Disciplinary matters of judicial officers below district judge.
• Governor may direct provisions to apply to certain magistrates.

STRUCTURE OF SUBORDINATE COURTS
• Structure varies by state but generally three‑tier system:
  1. District & Sessions Court (Highest District Level Court)
  2. Subordinate Judge / Civil Judge (Senior Division)
  3. Munsiff Courts / Judicial Magistrates / Civil Judge (Junior Division)

DISTRICT & SESSIONS JUDGE
• Highest judicial authority in district.
• Powers:
  – Original & appellate jurisdiction in civil and criminal cases.
  – Known as:
    * District Judge (civil matters)
    * Sessions Judge (criminal matters)
• Can award all punishments including life imprisonment and death penalty.
• Supervisory authority over all courts in the district.
• Appeals from his court lie to the High Court.

COURTS BELOW DISTRICT LEVEL
• Civil Side:
  – Subordinate Judge / Civil Judge (Senior Division)
  – Munsiff / Civil Judge (Junior Division)
• Criminal Side:
  – Chief Judicial Magistrate
  – Judicial Magistrates of First/Second Class
  – Executive Magistrates (under CrPC)

NATIONAL LEGAL SERVICES AUTHORITY (NALSA)

• Established under Legal Services Authorities Act, 1987.
• Constitutional basis:
  – Article 14: Equality before law.
  – Article 21: Right to free legal aid.
  – Article 22(1): Right to counsel.
  – Article 39A: Free legal aid to poor (DPSP; added by 42nd CAA).

COMPOSITION OF NALSA
• Patron-in-Chief: Chief Justice of India.
• Executive Chairman: Judge of Supreme Court nominated by President.

FUNCTIONS OF NALSA
• Provide free & competent legal services.
• Organise Lok Adalats for quick disposal.
• Conduct legal awareness programmes.

FREE LEGAL SERVICES INCLUDE
• Payment of court fees and process fees.
• Advocate services.
• Obtaining certified documents.
• Preparation of appeals, translations, printing etc.

LOK ADALATS
• People’s court; based on Gandhian principles.
• Part of ADR mechanism.
• Statutory status: Legal Services Authorities Act, 1987.
• Jurisdiction:
  – Cases pending in court.
  – Pre-litigation disputes.
• Can deal with civil, compoundable criminal cases, motor claims, family disputes etc.
• Cannot hear non‑compoundable criminal offences.

POWERS & FEATURES OF LOK ADALATS
• Same powers as a civil court.
• Flexible procedure guided by natural justice.
• Award is:
  – Final.
  – Binding on all parties.
  – Deemed a decree of civil court.
  – Non‑appealable.

PERMANENT LOK ADALATS (PLA)
• Added by 2002 Amendment.
• Deals with disputes related to public utility services:
  – Transport, postal, telegraph etc.
• Composition:
  – Chairman (retired district judge or above).
  – Two members with experience in public utility services.
• Jurisdiction up to Rs. 1 Crore.
• Cannot deal with non‑compoundable offences.
• Can decide disputes on merits if no settlement is reached.

FAMILY COURTS
• Established under Family Courts Act, 1984.
• Required in cities with population over 1 million.
• Matters include:
  – Marriage, divorce, judicial separation.
  – Maintenance.
  – Child custody & guardianship.
  – Property disputes among spouses.
• Only one appeal allowed directly to High Court.

GRAM NYAYALAYAS
• Based on 114th Law Commission Report.
• Established under Gram Nyayalayas Act, 2008.
• Aim: Provide inexpensive and speedy justice at grassroots level.

FEATURES
• Presided by a Nyayadhikari (First Class Magistrate).
• Jurisdiction: One per Panchayat or cluster.
• Can try civil and criminal cases specified in schedules.
• Guided by natural justice; not bound by Evidence Act.
• Encourages conciliation between parties.
• Appeals:
  – Criminal → Court of Session.
  – Civil → District Court.
• Appeals must be disposed within six months.

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