subordinate courts shyam institute

Lower Courts (Subordinate Courts)

• * Articles 233 to 237 in Part 6 of the Indian Constitution mention subordinate courts or subordinate judicial bodies.
• * Supreme Court and High Courts, being higher courts, are in the Union List. Whereas, lower courts are in the State List.
• * All lower courts in the state function under the supervisory jurisdiction of the High Court.
• * According to Article 233, the "Governor" appoints the Chief and other judges of the District and Sessions Court.

Qualifications required to be appointed as a District Judge:

1. 1. Must be a citizen of India.
2. 2. Must have practiced as an advocate for 7 years. And must be recommended by the High Court.
3. 3. Must be an officer in Central (or) State services.

District and Sessions Court:

• * The court at the district level after the High Court is referred to as the Sessions Court.
• * The state government establishes the District Court.
• * District and Sessions Court can impose sentences from life imprisonment to the death penalty. However, the death penalty can be executed only after being certified by the High Court.
• * District Court and Sessions Court should be understood as the same court.
• * The same judge acts as District Judge when hearing common civil cases and as Sessions Judge when hearing criminal cases.

Subordinate Courts:

• * Subordinate courts are described as courts at a level below the District Court.
• * Sub-Court - Judges are appointed by the Governor in consultation with the High Court and the State Public Service Commission.
• * This court can impose sentences up to 7 years.

Munsiff Magistrate Court:

• * Courts at a level below the Subordinate Court are referred to as Munsiff Magistrate Courts.
• * Can impose sentences up to 3 years.

Fast Track Courts:

• * Fast Track Courts were established from the year 2000 based on the recommendations of the 11th Finance Commission to expedite the resolution of cases pending in the country for a long time.
• * 492 Fast Track Courts were established in our country in 2000 itself.
• * Currently, 1192 Fast Track Courts have been established in the country.
• * 162 Fast Track Courts were newly established after the Nirbhaya case.
• * Uttar Pradesh has the highest number of Fast Track Courts at 242.
• * Unified Andhra Pradesh had 86.
• * State governments are running Fast Track Courts at their own expense.

Nyaya Panchayats (Village Courts):

• * These are the lowest level courts working at the village level. They are established by the State Legislature through law.
• * These are also called Panchayat Adalats, or Gram Kachahri.
• * Minor civil and criminal cases are resolved in these.

Judicial Magistrate Court:

• * This system was established in 1973 through the Criminal Procedure Code.
• * The Judicial Magistrate only resolves criminal cases.
• * This system does not apply to Nagaland. Therefore, in this state, the Collector, who is the head of the executive branch, acts as a judicial officer.

Chief Judicial Magistrate:

• * Acts as the head of criminal courts in the district.

City Civil Court:

• * These courts were established in metropolitan cities for the resolution of civil cases.

Metropolitan Magistrate Court:

• * The designation of Metropolitan Magistrate is equivalent to the designation of Judicial Magistrate.
• * This system is established in metropolitan cities for the resolution of (criminal cases).

Note:

• Chief Judicial Magistrate and Metropolitan Magistrate Courts function under the control of the High Court.

Executive Magistrate Court:

• * Executive Magistrate means Collector. He works under government control.
• * As a Collector Magistrate, he undertakes these (following) peace and security measures:
  1. 1. Imposing Section 144.
  2. 2. Imposing Curfew.
  3. 3. Issuing Firing Orders.
  4. 4. Supervising police stations and prisons in the district.
  5. 5. Issuing weapons licenses, petrol bunk licenses.

Small Causes Courts:

• * These were established in some states and presidency cities.
• * Only civil cases of low value are resolved in these courts.

Note:

• All the courts mentioned above function within the jurisdiction of the Supreme Court.
• * These must give judgments in accordance with the judgments given by the Supreme Court.
• * If a judgment is given contrary to the judgment given by the Supreme Court, it is considered as contempt of court.