Introduction 

• Part VI of the Constitution of India, 1950 (COI) deals with the articles related to Subordinate Courts in India. 
• The subordinate courts form the backbone of India's judicial system, serving as the primary point of access to justice for millions of citizens.  
• Articles 233 to 237 under Chapter VI of the Indian Constitution establish the fundamental framework for these courts, ensuring their proper functioning, independence, and administration.  
• These provisions were carefully crafted by the Constitution makers to create a robust judicial hierarchy that would extend the rule of law to every corner of the country.  
• The subordinate judiciary, operating under the supervision of the High Courts, plays a crucial role in maintaining the constitutional promise of justice for all.  
• These articles detail the appointment process of judicial officers, their administrative control, and the overall structure of the lower judiciary, reflecting the democratic principles and federal structure of India.

Legal Provisions Based on subordinate Courts under COI 

Article 233: Appointment of District Judges 

• Appointment Authority and Eligibility: 
  • Appointments of District Judges shall be made by the Governor of the State. 
    • The Governor must consult with the High Court exercising jurisdiction over the State. 
  • Consultation with the High Court is mandatory for all appointments. 
• Qualification Requirements: 
  • A person not already in service of the Union or the State must have been an advocate or pleader for at least seven years. 
  • They must be recommended by the High Court for appointment.

Article 233A: Validation of Appointments of, and Judgments, etc., Delivered by, Certain District Judges 

• Protection of Appointments and Transfers: 
  • Scope of Protected Appointments: 
    • Appointments of existing judicial service members. 
    • Appointments of advocates/pleaders with 7+ years' experience.  
• Protected Administrative Actions: 
  • Postings as district judge. 
  • Promotions to district judge position. 
  • Transfers as district judge. 
• Temporal Scope: 
  • Actions taken before the Constitution (Twentieth Amendment) Act, 1966. 
  • Non-compliance with Articles 233 or 235 of the COI not grounds for invalidity. 
• Protected Judicial Functions: 
  • Exercise of jurisdiction. 
  • Judgments and decrees. 
  • Sentences and orders passed. 
  • Other judicial acts and proceedings. 
• Validity Protection: 
  • Actions by irregularly appointed district judges. 
  • Actions before irregularly appointed district judges. 
  • Protection from invalidity due to non-compliance with Articles 233 or 235 of COI. 
• Time Period: 
  • Coverage of acts before the Constitution (Twentieth Amendment) Act, 1966. 

Article 234: Recruitment of Persons Other Than District Judges to Judicial Service 

• Appointment Process: 
  • Appointments to the judicial service of a State (other than District Judges) shall be made by the Governor. 
  • The process must follow rules made by the Governor in consultation with: 
    • The State Public Service Commission. 
    • The High Court exercising jurisdiction over the State. 
• Scope of Application: 
  • This article covers all judicial positions below the rank of District Judge. 
  • The recruitment process must ensure the selection of qualified candidates for the judicial service. 

Article 235: Control Over Subordinate Courts 

• Administrative Control: 
  • The High Court exercises complete administrative control over subordinate courts. 
  • This includes: 
    • Posting and promotion of District Judges. 
    • Grant of leave. 
    • Transfers. 
    • Disciplinary proceedings.
• Scope of Control: 
  • Extends to all courts and tribunals subordinate to the High Court. 
  • Covers both judicial and administrative matters. 
  • Ensures independence of subordinate judiciary from executive interference. 

Article 236: Interpretation 

• This article provides key definitions for terms used in Chapter VI of Part VI: 
• District Judge Definition 
  • Includes: 
    • Judge of a City Civil Court 
    • Additional District Judge 
    • Joint District Judge 
    • Assistant District Judge 
    • Chief Judge of a Small Cause Court 
    • Chief Presidency Magistrate 
    • Additional Chief Presidency Magistrate 
    • Sessions Judge 
    • Additional Sessions Judge 
    • Assistant Sessions Judge 
• Judicial Service Definition 
  • Refers to a service consisting exclusively of persons intended to fill the post of District Judge and other civil judicial posts inferior to the post of District Judge. 

Article 237: Application of Provisions 

• Extension of Provisions: 
  • The Governor may apply the provisions of this Chapter with necessary modifications to: 
    • Any class or classes of magistrates. 
    • Any other civil courts in the State. 
    • Any other persons appointed to exercise civil judicial functions.
• Modification Power: 
  • Allows flexibility in applying these provisions to different judicial positions. 
  • Ensures uniform standards across various levels of judiciary. 

Conclusion 

These provisions ensure that the lower judiciary remains professionally competent, administratively efficient, and free from executive interference. The careful delineation of appointment procedures, administrative control, and service conditions reflects the Constitution makers' vision of a strong and independent judicial system at all levels. The success of these constitutional provisions is evident in the functioning of thousands of subordinate courts across India that serve as the first point of contact between citizens and the judicial system. While challenges remain in terms of the pendency of cases and infrastructure, the constitutional framework provided by these articles has proven to be robust and adaptable to changing times.