Subordinate Courts

In the vast landscape of India’s legal system, the subordinate courts play a pivotal role in ensuring justice reaches the doorsteps of every citizen. While the Supreme Court of India often garners significant attention for its landmark judgments and constitutional interpretations, it’s the subordinate courts that form the backbone of the judicial machinery, dealing with the bulk of litigation across the country.

Subordinate courts, situated at district levels and below, serve as vital channels for dispensing justice at the grassroots level. Their jurisdiction encompasses a wide array of cases including minor infractions, civil disagreements, familial issues, and various other legal disputes. These courts are instrumental in upholding law and order while ensuring equitable access to justice for the populace of each state, all through diligent adherence to judicial protocols.

Constitutional Provisions

Articles 233 to 237 of Part VI of the Constitution outline provisions for subordinate courts within the judicial system. These provisions are aimed at regulating the structure of subordinate courts and safeguarding their independence from the executive branch.

Types of Subordinate Courts

Civil Subordinate Court

The term “Civil Court” is aptly assigned based on the nature of cases it handles, predominantly focusing on familial disputes and disagreements, alongside landlord-tenant conflicts. These courts are overseen by a District Judge or a District Sessions Judge, occasionally deputized by a Sub-Judge in smaller family court settings.

Civil Courts primarily adjudicate family disputes, refraining from punitive measures against the involved parties. Matters concerning property, succession, ownership, and similar non-criminal issues are within the purview of Civil Courts, which render decisions in accordance with the Civil Procedure Code.

Criminal Subordinate Court

As the name suggests, a Criminal Court specializes in adjudicating cases involving violations of laws, resulting in punitive measures. These cases typically encompass offenses such as theft, assault, and murder, among others, representing breaches of legal statutes. Normally, such cases are initiated by the state through police representation in the Court.

A Criminal Court is presided over by a Sessions Judge or a Sessions & District Judge, sometimes assisted by a Metropolitan Judge under the Sessions Judge’s jurisdiction. Convicted parties face significant penalties upon proven guilt.

Criminal Court proceedings adhere to the guidelines outlined in the Indian Penal Code and the Criminal Procedure Code to ensure fair and just resolutions.

Revenue Subordinate Court

The third category of Subordinate Court is the Revenue Court, which specializes in handling cases concerning land revenue within a state. At the district level, the highest authority in revenue matters is the Board of Revenue, which exclusively deals with final appeals.

Within the Board of Revenue, other authorized personnel include the Courts of Commissioners, Collectors, Tehsildars, and Naib or Assistant Tehsildars, who play crucial roles in the adjudication process.

Organization and Structure of Subordinate Courts

The hierarchical structure of the Subordinate Judiciary in India is meticulously maintained, with clear distinctions in roles, responsibilities, and operational procedures across different levels of Subordinate Courts.
The authority, structure, and naming conventions of these courts are determined by the respective state governments. At the apex of this structure lies the Supreme Court, under which various levels of civil and criminal courts operate.
In criminal matters, the highest-ranking judicial officer is referred to as a Sessions Judge, while in civil cases, the designation is that of a District Judge. A Sessions Judge holds the power to impose severe penalties such as the death sentence or life imprisonment in criminal cases.

National Legal Services Authority (NALSA)

Article 39 A of the Constitution mandates the provision of free legal assistance to the economically disadvantaged and marginalized segments of society, ensuring access to justice for all.
Additionally, Articles 14 and 22 (1) underscore the State’s responsibility to uphold equality before the law and to foster a legal framework that promotes justice based on equal opportunities for all individuals.
In 1987, the Parliament enacted the Legal Services Authorities Act, which became effective on November 9, 1995. This legislation aimed to establish a nationwide, standardized network for offering competent legal aid services to the underprivileged, ensuring equal access to justice.
To oversee the implementation of legal aid programs and formulate policies for enhancing access to legal services, the National Legal Services Authority (NALSA) was established under the Legal Services Authorities Act of 1987.
Each state has a State Legal Services Authority, and each High Court has a High Court Legal Services Committee. Moreover, District Legal Services Authorities and Taluk Legal Services Committees have been set up across districts and most taluks to execute the directives of NALSA, providing free legal assistance and organizing Lok Adalats within the state.
Furthermore, a Supreme Court Legal Services Committee has been constituted to administer and execute the legal services program concerning the Supreme Court of India.

Functioning of NALSA

NALSA is responsible for establishing policies, principles, guidelines, and devising cost-effective schemes to be implemented by State Legal Services Authorities nationwide. The main duties assigned to State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, and similar bodies include:

Offering free and proficient legal aid to eligible individuals.
Organizing Lok Adalats to facilitate amicable resolution of disputes.
Conducting legal awareness programs in rural areas on a regular basis.

Free Legal Services

Handling the payment of court fees, processing fees, and other associated charges related to legal proceedings.
Offering legal representation by lawyers during legal proceedings.
Facilitating the acquisition and distribution of certified copies of orders and other documents required for legal proceedings.
Assisting in the preparation of appeals, paper books, including the printing and translation of documents needed for legal proceedings.

Persons Eligible for Getting Free Legal Services

Women and children.
Members of SCs/STs.
Industrial workmen.
Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster.
Disabled persons.
Persons in custody.
Persons whose annual income does not exceed Rs 1 lakh (in the Supreme Court Legal
Services Committee the limit is `1,25,000).
Victims of trafficking in human beings or begar

Lok Adalats

In order to ensure prompt and cost-effective justice for the underprivileged, several new initiatives have been introduced in the country. One such mechanism is the Lok Adalat, which serves as an alternative dispute resolution platform. It offers a forum for the amicable settlement or compromise of disputes or cases either pending in court or at the pre-litigation stage.

Benefits

In Lok Adalat, there is no requirement for court fees, and if such fees have already been paid, they will be refunded in accordance with the rules if the dispute is resolved through Lok Adalat.
Key features of Lok Adalat include procedural flexibility and expedited resolution of disputes. Unlike regular courts, Lok Adalats do not strictly adhere to procedural laws such as the Civil Procedure Code and Evidence Act when considering claims.
Parties involved in the dispute have the opportunity to directly engage with the judge through their legal representatives, a privilege not typically available in traditional courts.
The decisions made by Lok Adalats are binding on all parties and hold the status of a decree issued by a Civil Court. Furthermore, these decisions are non-appealable, which helps in swiftly concluding dispute settlements.

Permanent Lok Adalat

Permanent Lok Adalats are essentially a variant of Lok Adalats, but with certain modifications. While regular Lok Adalats are typically convened periodically by Legal Services Authorities/Committees and are not a daily occurrence, Permanent Lok Adalats operate continuously, similar to other courts or tribunals.

Initially, the Legal Services Authorities Act of 1987 did not include provisions for establishing Permanent Lok Adalats. However, in 2002, the Act was amended to introduce the establishment of Permanent Lok Adalats specifically to handle cases related to public utility services.

Family Courts

The Family Courts Act, enacted in 1984, emerged amid a wave of legal reforms aimed at addressing issues concerning women. This legislation was designed to encourage conciliation and ensure the swift resolution of disputes pertaining to marriage and family matters. It applies nationwide, with the exception of the state of Jammu and Kashmir.

However, the Family Courts Act of 1984 does not provide a specific definition of the term ‘family’. Prior to 1984, ordinary civil court judges handled all family-related matters, treating them as akin to cases involving the recovery of money or property.

Need and importance

The Committee on the Status of Women in 1975 recommended the separate handling of all matters concerning the ‘family’.
The Law Commission’s 59th Report in 1974 emphasized the need for a radical approach to resolving family disputes, distinct from conventional civil proceedings. It suggested that courts should prioritize settlement efforts before resorting to trial.
In 1976, the Code of Civil Procedure was amended to introduce a special procedure for suits or proceedings related to family matters. Despite this amendment, courts continued to treat family disputes similarly to other civil matters, maintaining an adversarial approach.
Recognizing the public interest in expediting the resolution of family disputes, there was a pressing need to establish family courts.

Also read about Supreme Court and High Court.