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Questions and Answers
Who hears the final appeals against all the lower revenue courts in a district?
Who hears the final appeals against all the lower revenue courts in a district?
Which court deals with cases of land revenue in the State?
Which court deals with cases of land revenue in the State?
In which tier of the judiciary does the district judge operate?
In which tier of the judiciary does the district judge operate?
Who appoints judges of the subordinate courts?
Who appoints judges of the subordinate courts?
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Which qualification is required for a district judge to be eligible for appointment?
Which qualification is required for a district judge to be eligible for appointment?
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What is the main function of Civil Courts in India?
What is the main function of Civil Courts in India?
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Why are the subordinate courts called 'subordinate'?
Why are the subordinate courts called 'subordinate'?
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Which type of cases fall under the jurisdiction of Criminal Courts in India?
Which type of cases fall under the jurisdiction of Criminal Courts in India?
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How many tiers of courts exist below the High Court in India?
How many tiers of courts exist below the High Court in India?
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Which disputes do Civil Courts in India primarily deal with?
Which disputes do Civil Courts in India primarily deal with?
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Study Notes
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.
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Description
Test your knowledge on the judicial organisation of states and the hierarchy of courts, with a focus on High Courts and subordinate judiciary. Explore the different tiers of civil and criminal courts below the High Court.
