Judicial Organisation and Subordinate Courts Quiz

Judicial Organisation

• The High Court is the apex body in the judicial organisation of every state.
• Below the High Court, there are other courts that constitute the subordinate judiciary.
• The jurisdiction and nomenclature of subordinate courts vary across states in the country.

Subordinate Courts or Lower Courts

• Subordinate courts are so-called because of their subordination to the state High Court.
• In each district of India, there are various types of subordinate or lower courts, namely:
  • Civil courts
  • Criminal courts
  • Revenue courts

Civil Courts

• Civil courts settle disputes between two or more persons regarding:
  • Property
  • Breach of agreement or contract
  • Divorce
  • Landlord-tenant disputes
• Civil courts do not award punishment for violation of law, which is not involved in civil cases.
• Disputes relating to property, succession, ownership, and other rights come under the jurisdiction of Civil Courts.
• Civil Courts dispose of cases in accordance with the Civil Procedure Code.

Criminal Courts

• Criminal cases are related to the violation of laws, involving:
  • Theft
  • Dacoity
  • Rape
  • Pickpocketing
  • Physical assault
  • Murder
• Cases are filed in the lower court by the police, on behalf of the state, against the accused.
• If found guilty, the accused is awarded punishment, such as:
  • Fine
  • Imprisonment
  • Death sentence
• Criminal Courts dispose of cases in accordance with the Criminal Procedure Code and Indian Penal Code.

Revenue Courts

• Revenue courts deal with cases of land revenue in the State.
• The highest revenue court in the district is the Board of Revenue.
• Under the Board of Revenue are the Courts of:
  • Commissioners
  • Collectors
  • Tehsildars
  • Assistant Tehsildars
• The Board of Revenue hears the final appeals against all lower revenue courts under it.

Structure and Jurisdiction of Subordinate Courts

• The organisational structure, jurisdiction, and nomenclature of the subordinate judiciary are laid down by the states.
• Generally, there are three tiers of civil and criminal courts below the High Court.
• The district judge is the highest judicial authority in the district, possessing:
  • Original jurisdiction
  • Appellate jurisdiction
  • Power to impose any sentence, including life imprisonment and capital punishment (death sentence)
• A capital punishment passed by the district judge is subject to confirmation by the High Court.

Appointment of District Judges and Other Judges

• Judges of subordinate courts are appointed by the Governor in consultation with the Chief Justice of the High Court of the concerned State.
• Qualifications of a district judge:
  • Must not be in the service of the Central or state government.
  • Must have been an advocate or a pleader for seven years.
  • Must be recommended by the High Court for appointment.
• The appointment of persons (other than district judges) to the judicial service of a state is made by the Governor after consultation with the State Public Service Commission and the High Court.