Structure of the Subordinate Judiciary (District Courts, Sessions Courts)

At a Glance

• What it is The three tiers of civil and criminal courts below the High Court
• Top of the district District judge (civil) and sessions judge (criminal)
• Lowest Munsiff and Judicial Magistrate
• Set by The states
• Exam link UPSC Prelims, Polity: Subordinate Courts

Where Does It Fit?

This is the fourth topic of the category on Subordinate Courts. The organisational structure, jurisdiction and nomenclature of the subordinate judiciary are laid down by the states, so they differ slightly from state to state. Broadly, there are three tiers of civil and criminal courts below the High Court.

The Three Tiers

The subordinate judge is also known as civil judge (senior division) or civil judge (class I), and may be given the powers of an assistant sessions judge, in which case he or she combines civil and criminal powers. The munsiff is also known as civil judge (junior division) or civil judge (class II).

The District Judge and the Sessions Judge

The district judge is the highest judicial authority in the district, with original and appellate jurisdiction in both civil and criminal matters. When dealing with civil cases the officer is called district judge; when hearing criminal cases, the sessions judge. The district judge exercises judicial and administrative powers and has supervisory powers over all subordinate courts in the district. Appeals against the orders and judgments of the district judge lie to the High Court. The sessions judge can impose any sentence including life imprisonment and capital punishment, but a death sentence passed by a sessions judge is subject to confirmation by the High Court, whether or not there is an appeal.

Special and Other Courts

In some metropolitan cities, there are city civil courts (with chief judges) on the civil side and courts of metropolitan magistrates on the criminal side. Some states and presidency towns (Delhi, Bombay, Calcutta and Madras were formerly called presidency towns) have established small causes courts, which decide civil cases of small value in a summary manner; their decisions are final but the High Court has the power of revision. In some states, Panchayat Courts try petty civil and criminal cases, known variously as Nyaya Panchayat, Gram Kutchery, Adalati Panchayat and Panchayat Adalat.

Appellate chain: appeals from the munsiff and the subordinate judge lie to the district court; from the district court to the High Court on law and fact if the value exceeds the stipulated limit; and second appeals on questions of law only to the High Court. In criminal matters, appeals from sessions courts lie to the High Court if the sentence is more than seven years, and a death sentence needs High Court confirmation.

Jurisdiction at Each Level

The table helps in answering Prelims questions on which court tries which case. Remember that the same officer holds the civil and criminal roles at the district level, and that the subordinate judge may be invested with the powers of an assistant sessions judge, combining both civil and criminal powers.

Constitutional Articles at a Glance

Why Is This Topic Important?

• Hierarchy Tier-based questions are common
• Sentencing limits Seven years and three years are asked
• Nomenclature Differences across states

What Came Next?

The next topic covers Lok Adalats and alternative dispute resolution.

Key People and Terms

• Munsiff Lowest civil judge
• Chief Judicial Magistrate Middle criminal court
• Small causes court Summary civil court for small claims
• Presidency town Old name for four major cities
• Nyaya Panchayat Village court

Exam Corner

Mains Angle

Questions on this topic usually ask about the hierarchy and access to justice. Use these points to add depth.

• Three tiers Civil and criminal
• State variation Nomenclature differs
• High Court link Appeals and control
• Village courts Nyaya Panchayats