Tag: subordinate courts

In India, there is a system of single undivided and co-ordinated judiciary. In this system, the Supreme Court is placed at the top above all the other courts. Below the Supreme Court, the High Courts of different states are placed. All the other courts which are below the High Courts in their position are termed as the 'subordinate courts' in the judicial system of India. 

The appointment procedure to the lower judiciary is done by the state public service commissions or through the high courts (PCSJ). The appointment involves written examination and interview. If both are cleared, the candidate becomes a judge in the lower judiciary.

Civil Judge (senior division or class I) is also called a subordinate judge who stands below the District judge. Sometimes District judge is vested with powers of Assistant session judge then he enjoys both civil and criminal jurisdiction. Sometimes due to lack of proper administration and number of required judges in the district the civil judge senior division is also given charge of the Chief Judicial Magistrate and then his power becomes concurrent to the CJM. 

The Governor appoints the judges of subordinate courts in consultation with the Chief Justice of the High Court of the concerned State. A necessary qualification for direct entry level to become a District Judge is minimum of seven years of practice as a lawyer at the bar. The candidature is considered 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.

District Courts in India take care of judicial matters at the District level. Below District Courts, there are lower courts called Munsif's Courts and Small Causes Courts. Below District Courts, Special courts or Tribunals also exist for the sake of providing effective and speedy justice (especially in administrative matters) as well as for specialised expertise relating to specific kind of disputes. These courts are administratively and judicially controlled by the District Courts.

The District Judge is the highest judicial authority in the district. He possesses original and appellate jurisdiction in both civil and criminal matters. The District judge exercises both judicial and administrative functions. He supervises all the subordinate courts in the district and maintains the leaves and service records of all those working under him.

The State Judiciary consists of the High Court at the top and hierarchy of subordinate. They are in subordination to the High Court. They work in the district and below and the judges are appointed by Governor in consultation With High Court. The District and Session Judge court is the highest authority and below it is Magistrate's court (criminal) and subordinate judge's and Munsif court (civil.).

The District Judge while dealing with criminal cases becomes Session Judge. He exercises both judicial as well as administrative functions. He exercises control and supervision over all the magistrates working under him.

Tehsildar and Naib Tehsildar are the Government revenue functionary. A tehsildar is responsible for the collection of revenue and property taxes as assessed by Naib Tehsildar. Naib tehsildar is the lowest court in the revenue system and hear cases relating to the assessment of land. Naib tehsildar perform functions which tehsildar entrust in him.