Political Science Notes Part 14: Subordinate Courts and Tribunals for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 27: Subordinate Courts

Introduction

Subordinate Courts, also known as Lower Courts, form the foundation of India’s judicial system, operating below the High Courts in every State and Union Territory. Handling the majority of civil and criminal cases, they are the primary point of contact for citizens seeking justice. As the quote states, “The majesty of law must first shine in the village court”, their role is critical in ensuring accessible and timely justice.

Constitutional Provisions

• Part VI, Articles 233–237: Govern the structure, appointment, and control of Subordinate Courts.
• Historical Basis: Rooted in the Indian High Courts Act, 1861, continued post-independence.

Structure of Subordinate Courts

• Two Branches:BranchCourts IncludedCivil CourtsDistrict Judge, Civil Judge (Senior Division), Civil Judge (Junior Division)Criminal CourtsSessions Judge, Chief Judicial Magistrate, Judicial Magistrate (First/Second Class)
• Civil Courts Structure:
  1. District Court:
     • Headed by District Judge.
     • Original jurisdiction for high-value civil cases.
     • Hears appeals from lower civil courts.
  2. Subordinate Civil Courts:
     • Civil Judge (Senior Division): Medium-level civil cases.
     • Civil Judge (Junior Division): Small civil suits.
• Criminal Courts Structure:
  1. Sessions Court:
     • Headed by Sessions Judge.
     • Tries serious offenses (e.g., murder, rape, dacoity).
     • Can award death penalty (subject to High Court confirmation).
  2. Subordinate Criminal Courts:
     • Chief Judicial Magistrate (CJM): Handles significant criminal cases (not death/life imprisonment).
     • Judicial Magistrate First Class: Mid-level criminal cases.
     • Judicial Magistrate Second Class: Petty criminal cases.
• Specialized Courts:
  • Family Courts: Handle matrimonial issues (e.g., divorce, maintenance).
  • Juvenile Justice Boards: Address juvenile crimes.
  • Fast Track Courts: Expedite trials (e.g., crimes against women).
  • NDPS Courts: Deal with drug-related cases under the Narcotic Drugs and Psychotropic Substances Act.

Appointment of Judges

• District Judges (Article 233):
  • Appointed by Governor in consultation with High Court.
  • Eligibility:
    • 7 years as an advocate or pleader.
    • Recommended by High Court.
• Other Subordinate Judges (Article 234):
  • Appointed by Governor with:
    • State Public Service Commission (PSC).
    • High Court.

Control of High Court (Article 235)

• High Court supervises:
  • Posting, promotion, leave, and discipline of District Judges and subordinate judicial officers.
• Ensures uniform and independent judicial functioning.

Powers and Jurisdictions

Hierarchy Chart

Features

• Operate under High Court supervision.
• Governed by uniform laws: Code of Civil Procedure (CPC) and Code of Criminal Procedure (CrPC).
• Protect basic legal rights of citizens.

Challenges

• Case Backlog: Millions of pending cases.
• Shortages: Insufficient judges and infrastructure.
• Appointment Delays: Slow recruitment processes.
• Workload: Increasing cases without proportional resources.

Recent Developments

• E-Courts Project: Digitization for online case management.
• Fast Track Courts: Expanded for crimes against women/children.
• National Judicial Infrastructure Corporation: Proposed for better facilities.

Reforms Suggested

• Increase judge appointments.
• Enhance infrastructure (courtrooms, technology).
• Streamline recruitment processes.
• Promote Alternative Dispute Resolution (ADR) (e.g., Lok Adalats, mediation).

Importance

• Citizen Access: Primary judicial contact for the public.
• Rule of Law: Upholds justice at the grassroots.
• Public Faith: Builds trust in the judiciary.
• Relieves Higher Courts: Reduces burden on High Courts and Supreme Court.

Conclusion

Subordinate Courts are the backbone of India’s judicial system, delivering accessible, timely, and fair justice. As the quote states, “Justice delayed is justice denied — Subordinate Courts are crucial to timely justice”, their strengthening is vital for a robust democracy.

Chapter 28: Tribunals

Introduction

Tribunals are quasi-judicial bodies designed to handle specialized disputes (e.g., taxation, environment, service matters) efficiently. They are faster, cheaper, and more specialized than regular courts, reducing judicial burden and ensuring expert-driven justice.

Constitutional Provisions

• Article 323-A: Authorizes Administrative Tribunals for public service matters.
• Article 323-B: Enables tribunals for specific issues (e.g., taxation, labor, land reforms).

Meaning

• Tribunal: A court-like body addressing specific issues with powers to:
  • Summon witnesses.
  • Examine evidence.
  • Pass binding orders.

Why Tribunals?

Types of Tribunals

1. Administrative Tribunals:
   • Address public service matters (e.g., recruitment, promotions).
   • Examples:
     • Central Administrative Tribunal (CAT).
     • State Administrative Tribunals (SAT).
2. Tax Tribunals:
   • Handle direct and indirect tax disputes.
   • Examples:
     • Income Tax Appellate Tribunal (ITAT).
     • Customs, Excise and Service Tax Appellate Tribunal (CESTAT).
     • GST Appellate Tribunal (GSTAT) (under operationalization).
3. Environmental Tribunals:
   • Focus on environmental protection and conservation.
   • Example: National Green Tribunal (NGT) (NGT Act, 2010).
4. Company Law Tribunals:
   • Address company disputes (e.g., mergers, shareholder issues).
   • Examples:
     • National Company Law Tribunal (NCLT).
     • National Company Law Appellate Tribunal (NCLAT).
5. Other Tribunals:TribunalPurposeArmed Forces Tribunal (AFT)Service matters for armed forces personnel.Telecom Disputes Settlement and Appellate Tribunal (TDSAT)Telecom sector disputes.Securities Appellate Tribunal (SAT)SEBI-related cases.

Important Tribunals

1. Central Administrative Tribunal (CAT):
   • Established: 1985 (Administrative Tribunals Act).
   • Jurisdiction: Service conditions of central government employees.
   • Appeals: Directly to Supreme Court, bypassing High Courts.
2. National Green Tribunal (NGT):
   • Established: 2010.
   • Jurisdiction:
     • Environmental protection.
     • Forest conservation.
     • Compensation for environmental damages.
   • Feature: Includes judicial and expert members.
   • Head Office: New Delhi, with zonal benches.
3. Income Tax Appellate Tribunal (ITAT):
   • Established: 1941.
   • Jurisdiction: Appeals against Income Tax orders.
   • Nickname: “Mother Tribunal” (first tribunal in India).

Powers

• Summon witnesses and examine documents.
• Issue binding judgments.
• Award compensation (e.g., NGT for environmental harm).

Tribunals vs. Courts

Constitutionality

• Sampath Kumar Case (1987): Upheld validity of Administrative Tribunals under Article 323-A.
• L. Chandra Kumar Case (1997):
  • Tribunal decisions subject to High Court judicial review (Articles 226, 227).
  • Judicial review by High Courts and Supreme Court is part of Basic Structure.

Tribunals Reforms Act, 2021

• Changes:
  • Merged several tribunals to reduce redundancy.
  • Set terms and conditions for tribunal members.
  • Established minimum age (50 years) for appointments.
• Purpose:
  • Enhance efficiency.
  • Reduce delays.
  • Standardize tribunal rules.

Criticism

• Executive Control: Appointment processes undermine independence.
• Delays: Some tribunals face court-like backlogs.
• Limited Appeals: Restricts access to justice.
• Infrastructure: Insufficient resources and facilities.

Recent Developments

• Supreme Court Push: Advocates for transparent appointment mechanisms (e.g., search-cum-selection committees).
• Independence Demands: Calls to reduce executive interference.
• National Tribunal Commission: Proposed for independent tribunal management (pending).

Conclusion

Tribunals are integral to India’s judicial framework, offering specialized, swift, and affordable justice. As the Supreme Court states, “A tribunal must be not only independent but must also be seen to be independent”, ensuring their autonomy and efficiency is crucial for effective justice delivery.