Describe the composition and jurisdiction of the Subordinate Courts at the district level in India.
The organisation of judiciary in districts of the whole of India is uniform. There are three types of law courts in every district under the High Court. 1. Civil, 2. Criminal, 3. Revenue.
The detail of the composition and powers of the Subordinate Courts in the districts of the Indian States is given below:
1. The Criminal Court: The highest court in the district is that of the District and Session Judges. It is empowered to hear both the civil as well as criminal cases. It should be noted that the District and the Session Court is one and the same court and the same person acts in both the civil and criminal capacities. When he deals with civil cases, he is called the Session Judge. This court tries these cases with the help of jury or assessors and is competent to inflict any punishment sanctioned by the law. Due to excess of work, the District and Sessions Judge is helped by one or more additional Session Judges. He is appointed by the Governor of the State in consultation with the Chief Justice of the High Court under whose jurisdiction the state falls.
The District and Session Judge hears appeals from subordinate courts under it. He can hear appeals regarding serious crimes like dacoities and murder and is empowered to sentence the culprits to death, but such punishment must be confirmed by the High Court. The lowest criminal court in the district is that of Third Class Magistrate’s Court. This Magistrate hears petty cases like those of beating and quarrels, etc. He is empowered to sentence one month’s imprisonment and maximum fine of Rs. 50. Then there is the Second Class Magistrate’s Court in which cases of comparatively graver nature are heard. The second class Magistrate is empowered to sentence for six month’s imprisonment or can fine Rs. 200 as maximum.
Above the Third and Second Class Magistrate’s Courts are the courts of first class Magistrates who have appellate jurisdiction also besides the original jurisdiction. These courts hear cases of graver nature and also appeals from the Third and Second Class Magistrates. The First Class Magistrate is empowered to exercise original jurisdiction in cases involving a sentence of imprisonment upto two years and fines upto Rs. 1,000. All appeals are filed to the District and Session Court against the decisions of the First Class Magistrates.
2. The Civil Courts: The highest civil court in a district is that of a District Judge. He/she is the highest judge of district in the civil cases. There are courts of many sub-judges under him. Sub-judges are divided into several ranks. They are empowered to hear cases involving a sum of Rs. 5,000. They possess original jurisdiction and also can hear appeals against the Munsiff’s court. There are also Senior Civil Judges to help the District Judges who generally possess the powers of a District Judge. The Munsiff is empowered to hear cases involving a sum of Rs. 2,000.
Besides the Munsiff’s court, there is also a provision of small cases, court competent to hear cases involving sum upto Rs. 1,000. No appeal can be made against the decisions of this court, hence only very experienced persons are appointed as judges of this court.
3. Revenue Courts: Revenue Courts hear cases relating to the revenue of the district. The lowest Revenue Court is the court of Naib-Tehsildar and above him the Court of Tehsildar. They hear revenue cases. The highest revenue court in the district is the Court of Collector (Deputy Commissioner). Appeals against his court can be made in the Court of the Commissioner. Appeal against the Court of Commissioner can be taken to the Board of Revenue and, against them appeal can be taken to the High Court.
