SUBORDINATE COURTS IN INDIA
India’s judicial system is a vital part of its democracy, ensuring that justice is not just a concept but a reality for its citizens. At the heart of this system lie the subordinate courts, which operate under the oversight of the High Courts in each state. These courts handle a wide range of cases, from civil disputes like property issues and divorces to serious criminal matters, serving as the first line of justice for many.
Appointments and Qualifications of District Judges
The appointment of district judges is governed by Article 233 of the Constitution. This article mandates that the Governor, in consultation with the High Court, makes these appointments. It ensures that only those who are well-qualified and recommended by the High Court can serve in this critical role. Candidates must have at least seven years of experience as advocates or pleaders.
In Chandramouleshwar Prasad vs. Patna High Court (AIR 1970 SC 370), the Supreme Court noted
that the High Court is best equipped to judge the merits of these candidates, highlighting the importance of their role in maintaining judicial standards.
Recruitment of Other Judicial Officers
Moving beyond district judges, Article 234 outlines how the recruitment of other judicial officers is handled. Here, the Governor consults the State Public Service Commission and the High Court, ensuring a fair process for bringing new talent into the judicial system.
Article 235 entrusts the High Courts with significant authority over subordinate courts. They manage the posting, promotion, and leave of judicial officers, which helps maintain accountability within the system. This oversight is crucial for ensuring that justice is administered effectively at all levels.
Defining Judicial Service
According to Article 236, the term "judicial service" refers to the positions intended for district judges and other civil judicial roles. Understanding this definition helps clarify the structure and function of the judiciary in India.
Flexibility for Magistrates
Article 237 provides the Governor with the power to apply the provisions relevant to district judges to certain classes of magistrates. This flexibility allows the judicial system to adapt and meet the varying needs of justice across different levels.
Conclusion
Subordinate courts play a crucial role in making justice accessible to the common person. By ensuring that these courts are staffed with qualified judges and managed effectively, India’s judicial system aims to uphold fairness and equity. Their function is vital in resolving disputes and delivering justice, reinforcing the rule of law at the grassroots level.
