Subordinate Courts and Tribunals

The subordinate judiciary in each state functions under the superintendence of the respective HC.

District Judges (Article 233):

• Appointments, postings, and promotions of district judges in a state are made by the Governor of the state in consultation with the HC.
• Qualifications: Must have been an advocate or pleader for 7 years AND recommended by the HC.
• The District Judge is the highest judicial authority in a district.

Other Judicial Officers (Article 234):

• Persons (other than district judges) appointed to the judicial service: appointed by the Governor in accordance with rules made by him after consultation with the State Public Service Commission and the HC.

Control by HC (Article 235):

• The control over district courts and courts subordinate thereto, including posting, promotion and grant of leave to persons belonging to the judicial service is vested in the HC.

Structure of District Courts:

Civil Side:

• District Judge (highest civil court in the district)
• Subordinate Judge's Court
• Munsiff's Court

Criminal Side:

• Sessions Judge / Additional Sessions Judge (can award any sentence including life imprisonment and death sentence — death sentence requires confirmation by HC)
• Chief Judicial Magistrate (can sentence up to 7 years)
• Judicial Magistrate First Class (up to 3 years)
• Judicial Magistrate Second Class (up to 1 year)
• Executive Magistrate (non-judicial; for law and order)

Note: The District Judge wears two hats — as District Judge in civil matters and as Sessions Judge in criminal matters.

The original Constitution did NOT contain provisions for tribunals. The 42nd Amendment Act, 1976 added a new Part XIV-A titled "Tribunals" with two articles:

Article 323A — Administrative Tribunals:

• Empowers Parliament to provide for the establishment of Administrative Tribunals for adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services.
• Parliament enacted the Administrative Tribunals Act, 1985 under this article.
• Central Administrative Tribunal (CAT): Set up in 1985, it adjudicates service matters of central government employees.
• State Administrative Tribunals (SATs): For state government employees.
• Joint Administrative Tribunals (JATs): Common tribunal for two or more states.
• Principle: Tribunals have the power to exclude jurisdiction of ALL courts EXCEPT the SC under Article 136 (Special Leave Petition).

Article 323B — Tribunals for Other Matters:

• Empowers Parliament AND state legislatures to establish tribunals for adjudication of disputes relating to:
  • Taxation
  • Foreign exchange, import and export
  • Industrial and labour disputes
  • Land reforms
  • Ceiling on urban property
  • Elections to Parliament and state legislatures
  • Production, procurement, supply and distribution of essential commodities
  • Rent and tenancy rights

L. Chandra Kumar Case (1997):

• The SC held that the power of judicial review vested in HCs and SC is a part of the basic structure of the Constitution and CANNOT be excluded by Parliament.
• Therefore, tribunals CANNOT be made the sole forums — HC jurisdiction must be available.
• After this case, service matters from CAT go to HC (Division Bench) and then to SC.