Subordinate Courts

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Constitutional Provisions

 

The Articles 233 to 237 in the Constitution describe the provisions to regulate the organization of Subordinate Courts and to ensure their independence from the Executive.

 

Appointment of District Judges

Appointments of District Judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.

A person not already in the service of the Union or of the State shall only be eligible to be appointed a District Judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

 

Appointment of other Judges

Appointment of other Judges (other than district judges) to the judicial service of a state is to be made by the Governor of the State after consultation with the State Public Service Commission and the High Court.

 

Control over Subordinate Courts

The control over district courts and courts subordinate including the posting and promotion of, and the grant of leave to persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing shall be construed as taking away from such persons any right of appeal which he may have under the law regulating the conditions of his service.

 

Interpretation

The District Judge is the representative of the High Court in the District. He administers works distribution in the Subordinate Courts in the District. His is the most important post of the District.

The subordinate courts covering the civil cases, in this aspect are considered as Junior Civil Judge Court, Principal Junior and Senior Civil Judge Court, which are also known as Sub Courts, Subordinate Courts. All these courts are treated with ascending orders.

The subordinate courts covering the criminal cases are Second Class Judicial Magistrate Court, First Class Judicial Magistrate Court, and Chief Judicial Magistrate Court along with family courts which are founded to deal with the issues related to disputes of matrimonial issues only. The status of Principal Judge of family court is at par with the District Judge

Article 309 of the Constitution which occurs in chapter 1 of Part XIV deals with the recruitment and conditions of service of persons serving the Union or a State.

It empowers the appropriate Legislature to regulate the recruitment and conditions of service of persons appointed to public services and post in connection with the affairs of the Union or of any State.  The proviso however says that until the appropriate Legislature shall make the rules, it shall be open to the President, in the case of services under the Union, and to the Governor, in respect of the services under the State, to make rules for the said purpose.  Article 310, which incorporates pleasure clauses, is not relevant for the present purpose.

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