Role of Subordinate judiciary

Summary:
In every state of India, there exists a system of Subordinate courts below the respective
High Courts. The Code of Criminal Procedure, 1973 is the law of procedure prescribing the
powers of the Criminal Courts below the High Courts. The Code of Civil Procedure, 1908 is
the relevant law on civil court practice and procedure. The Specific Relief Act, 1963 is the
relevant substantive law for Civil Suits. As regards protection of human rights by the civil
courts, the provisions of injunction declaration suits are popular. The relator action i.e. public
interest suits are important aspects of the role of the court to enforce public rights. As regards
criminal courts, the provision of search warrants that can be issued by the Magistrates is
important. The Magistrates can issue orders akin to the provision of Habeas Corpus. Further,
the civil courts’ role of settlement of dispute by the system of ADR and the exercise of
inherent powers are another important dimension of the role of the Subordinate Court in
protecting human rights.

Objectives:
The main objectives of this study are to make the students understand

 the role of the Subordinate Court.

 the significant role of the Subordinate Court in protection of human rights.
 the Relater Action, ADR and inherent powers under the Civil Procedure Code and the
search warrants under the Code of Criminal Procedure.

TEXT

Introduction:
In every state of India, there is a system of Subordinate Courts below the respective High
Courts. The Constitution of India makes a few provisions in Articles 233 to 237 to regulate
the organizations of these courts and to ensure independence of judges. There are District
Judges and the Civil Judges of Senior Division and Civil Judges of Junior Divisions on the
civil side. On the criminal side there are Sessions Judges and the Magistrates.
Every state in India organizes the powers and procedure of the courts. An example
can be taken from the state of Manipur. The Manipur Courts Act, 1955 provides, the powers,
structures and functioning of the civil courts within the state. The court of the District Judge
is the principal Civil Court of original jurisdiction and below this court there exists the court
of the Civil Judge Senior Division and the Civil Judge, Junior Division. As far as their
jurisdictions, they functioned within the prescribed territorial limits with pecuniary
jurisdiction of entertaining the suits up to the value of Rs.20,000/- by the Civil Judge, Junior
Division and beyond that value upto any limit can be entertained by Civil Judge, Senior
Division. As far as Civil Appeals, an appeal upto the value of Rs.50,000/- shall lie to the
District Judge and beyond that value an appeal shall go to the High Court.
 In the Criminal matters, there exists the Court of the Sessions, the Judicial Magistrates
and the Executive Magistrate that are functioned under the Code of Criminal Procedure,
1973. In the study of the role of the Subordinate Courts in the matters of protection of human
rights, it requires a classification in two heads i.e. the role of the civil courts and the role of
the criminal courts.

The Role of the Civil Courts:

As regards the regulation of the procedure of the courts of civil judicature, the Code
of Civil Procedure, 1908 is the law to consolidate and amend the laws relating to civil
procedure, in India. Section 9 of the code lays down that court to try all civil suits unless
barred. The courts shall have jurisdiction to try all suits of a civil nature excepting suits of
which their cognizance is either expressly or impliedly barred. The explanation to the section
clarifies that a suit in which the right to property or to an office is contested, is a suit of civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to
religious rites or ceremonies.
Every suit shall be instituted by the presentation of a plaint or in such manner as may
be prescribed. In every plaint, facts shall be proved by affidavits. Every suit shall be instituted
in the court of the lowest grade competent to try it.
It is relevant to refer to the Specific Relief Act, 1963 which is in force in India since
the first of March, 1964. A mature legal system endeavours to provide not merely a remedy
for every right infringed, but also an adequate remedy. It was in this process of a search for
effective remedial action that Specific Relief emanated from the Equity Courts in England.
The principles built by successive Chancellors of England in this branch of law have been
borrowed by the Indian Courts and have served to enrich in Indian law. The Specific Relief
Act, 1963 came into being as an Indian law thereafter.
The Act declared in Section 4 that specific relief can be granted only for the purpose
of enforcing individual civil rights and not for the purpose of enforcing a penal law. The
provisions of specific relief under the Act envisaged –
a) Suits for recovery of specific movable or immovable property which may be
recovered in the manner provided by the Code of Civil Procedure, 1908.
b) Suits for specific performance of contract may be granted by the court when there
exist a standard for ascertaining actual damage caused by the nonperformance of the
act agreed to be done or when the act agreed to be done is such that compensation in
money for its nonperformance would not afford adequate relief.
c) Power to award compensation in certain cases.
d) Power to grant relief for possession, partition, refund of earnest money etc.

The Role of the Civil Courts in granting injunctions:

The Specific Relief Act, 1963 provides that the courts can grant preventing relief at its
discretion in the nature of temporary or perpetual injunction. Temporary injunctions are such
as to continue until a specified time or until the further order of the court and they may be
granted at any stage of the suit and are regulated by the Code of Civil Procedure, 1908
 A perpetual injunction can only be granted by the decree made at the hearing and
upon the merits of the suit. The defendant is thereby perpetually enjoined from assertion of a
right or from commission of an act, which would be contrary to the rights of the plaintiff.
The Code of Civil Procedure, 1908, order 39 is the provision for enabling the courts
to grant temporary injunction.The court may by order grant temporary injunction to restrain
such act or make such order for the purpose of staying and preventing the wasting, damaging,
alienation, sale, removal or disposition of the property or dispossession of the plaintiff or
otherwise causing injury to the plaintiff in relation to any property in dispute in the suit.
The court may by order grant temporary injunction to restrain such act or make such
order for the purpose of staying and preventing the wasting, damaging, alienation, sale,
removal or disposition of the property or dispossession of the plaintiff or otherwise causing
injury to the plaintiff in relation to any property in dispute in the suit as the court thinks fit
until the disposal of the suit or until further orders.
The court may grant an order of temporary injunction ex-parte when the court is
satisfied that the object of granting the injunction would be defeated by the delay. The court
is to see the existence of prima facie case in favour of the plaintiff, balance of convenience in
granting injunction is also in his favour. Besides that, the plaintiff must show that he will
suffer irreparable loss, if the prayer for injunction is withheld.
Perpetual injunction may be granted to the plaintiff to prevent the breach of an
obligation existing in his favour whether expressly or by implication. When the defendant
invades or threatens to invade the plaintiff’s right to or enjoyment of property, the court may
grant a perpetual injunction.
The term injunction is ordinarily understood to grant of preventive relief only but, the
courts can also grant mandatory injunctions. To prevent the breach of obligation, it is
necessary to compel the performance of certain acts when the court is capable of enforcing,
the court may in its discretion grant an injunction to prevent the breach complained of and
also the performance of the requisite acts.
The role of the civil courts is significant in the areas of granting Declaratory Decrees.
Where in any suit, it is shown that any performance is entitled to any legal character or to any
right as to any property, against any person denying or interested to deny, his title to such
character or right, the court may in its discretion make a declaration that he is so entitled. A
declaration made under the Specific Relief Act, 1963 is binding only on the parties to the suit,
persons claiming through them respectively.

The Role of the Civil Court in Suits of public nature (Relator Actions):
Section 91 of the Code of Civil Procedure, 1908 lays down the role of the courts in
public nuisances and other wrongful acts affecting the public. In most of the suits the claims
made are to vindicate a private right and to obtain a decree which is binding between the
parties or their representatives in interest and to no others. But, section 91 is a suit of public
nature and popularly understood as the Relator Actions. The provision goes – In the case of a
public nuisance or other wrongful act affecting or likely to affect the public, a suit for
declaration and injunction or for such other relief as may be appropriate in the circumstances
of the case may be instituted –
i) by the Advocate General or
ii) with the leave of the court, by two or more persons even though no special damage
has been caused to such persons by reason of such public nuisance or other wrongful
act.
This is a suit to vindicate public right, by filing suit and may also be termed as Public
Interest Suit of an extensive remedial nature of protection of public right in the way of civil
suit.

The ADR, under the Code of Civil Procedure:

Litigation is cumbersome and time consuming job and there must be an end to
litigation. A civil suit pulls on endlessly and still continues in appeals before the District
Judge and the High Courts and takes years and even decades to settle a matter. Not only
money and time taxing there is the dimension of mental agony. In order to bring a remedy to
this malady, the provision of settlement of dispute outside the court popularly known as
Alternative Dispute Redressal in short ADR, has been introduced in the Code of Civil
Procedure, 1904 by incorporating the provision and became a legal provision since the 1 st
July, 2002. Where it appears to the court that there exists elements of a settlement which may
be acceptable to the parties, the court shall formulate the terms of settlement and give them to
the parties for their observations and after receiving the observations of the parties, the court
may formulate the terms of a possible settlement and refer the same for – arbitration;
conciliation, judicial settlement including settlement through Lok Adalats or mediation.
Where a dispute has been referred for arbitration or conciliation, the provisions of the
Arbitration and Conciliation Act, 1996 shall apply. Where the dispute has been referred to
Lok Adalat, the court shall refer the same to the Lok Adalat in accordance with the provisions
of the Legal Services Authority Act, 1987. Where the dispute has been referred for judicial
settlement, the court shall refer the same to a suitable institution or person and such person or
institution shall be deemed to be Lok Adalat and all provisions of Legal Services Authority
Act, 1987, shall apply. Where the dispute has been referred for mediation, the court shall
effect a compromise between the parties and shall follow such procedure as may be
prescribed.

The Role of the Subordinate Criminal Courts:

The Criminal Courts in India function under the provisions of the Code of Criminal
Procedure, 1973. As far as the role of the criminal courts in protecting human rights, is
concerned, one will certainly feel the provisions of issuing search warrants under the code
where the criminal courts are empowered to issue orders akin to a writ of Habeas Corpus.
The right to life and personal liberty is most precious right as human liberty is a birth right
apart from a guarantee of that right under Article 21 of the Constitution of India.
Section 97 of the code made provisions for search for persons wrongfully confined
and Sec. 98 is the power of the court to compel restoration of abducted females.
When any person is detained unlawfully, a Writ of Habeas Corpus that can be issued
by the High Court can direct any detaining authority or person to bring the detainee before
the court to examine the legality of such detention and if found to be illegal then an order is
issued for setting the detainee free. But a Habeas Corpus Writ cannot be used to make a
search of a person detained and wrongfully confined and hunt out a detainee. A search
warrant can hunt out a detained person and set free. The powers are given to a District
Magistrate, Sub-Divisional Magistrate or a Magistrate of First Class who can exercise this
power. Under Section 97, if any of the class of the Magistrate and mentioned above has
reason to believe that a person is confined under such circumstances that the confinement
amounts to an offence, he may issue a search warrant and the person to whom the warrant is
directed may search for the person so confined and such search shall be made in accordance
therewith and the person if found shall be immediately taken before the Magistrate, who shall
make such order which the circumstances seems proper.
Under Section 98, the Magistrates mentioned above may compel restoration of
abducted females. Upon complaint made on oath of the abduction or unlawful detention of a
woman, or a female child under the age of 18years, for any unlawful purpose, such
Magistrate may make an order for the immediate restoration of such woman of her liberty or
of such female child to her husband, parent, guardian or other person having the lawful
charge of such child, and may compel compliance of such order, using such force as may be
necessary.
The Subordinate Criminal Courts i.e. the District Magistrate, Sub-Divisional
Magistrate and the Magistrate of first class can play a very important role in this area of
setting person at liberty by passing orders akin to Habeas Corpus that can be issued by the
High Court.

The Role of the Subordinate Courts: Exercise of inherent Power.

The Legislature has made detailed provision in the statutes. But, the Legislature may
not anticipate each and every problem that may occur years after passing the enactment.
Therefore, inherent powers that can be exercised by the court are laid down. Under Section
151 of the Code of Civil Procedure, 1908 it is provided that “Nothing in this code shall be
deemed to limit or otherwise affect the inherent power of the court to make such orders as
may be necessary for the ends of justice or to prevent the abuse of the process of the court.”
Under Section 482 of the Code of Criminal Procedure, 1973 the granting of the inherent
power is laid down but this inherent power is granted only to the High Courts and not
exercisable by the Subordinate Courts, and as the inherent powers exercisable by civil courts
is discussed here, the power of High Court is not discussed.
The inherent powers of a civil court are to be exercised by it in very exceptional
circumstances. This power is exercised very sparingly when the court considers it absolutely
necessary for the ends of justice or to prevent the abuse of the process of the court. The
Legislature has made detailed provisions in the code for various matters. If there are express
provisions in the code covering a particular topic then no power shall be exercised under the
inherent power.
The inherent powers of a court are wide enough and would entitle it to invoke if the
court considers that without exercise of such powers the ends of justice would be frustrated.

Conclusion:
When one talks about protection of human rights, one will be interested mostly to the
powers of the High Courts and the Supreme Court under the Constitution. But, it is equally
important to appreciate the role of the Subordinate Courts as well. In this area the Code of
Civil Procedure, 1908, the Specific Relief Act, 1963 and the Code of Criminal Procedure,
1973 are some of the enactments which laid down the procedure and power of the
Subordinate Civil and Criminal Courts in granting relief. The Code of Civil Procedure
providing the procedure for maintaining a right in filing suits between the parties popularly
known as civil suits. The code also lays down the suit of pubic nature called the Relator
Action, is a very useful remedy to vindicate a right of public nature. The criminal courts’
power to issue search warrants and operating akin to a writ of Habeas Corpus is another
dimension of the role of subordinate judiciary in the protection of human rights. The power of
the District Magistrate, Sub-Divisional Magistrate and the Judicial Magistrate of first class to
exercise the power of restoration of abducted females and the power to issue search warrants
to set free a person, who is wrongfully confined, are the areas where the subordinate judiciary
can play a considerable role. The inherent power of the civil court is another area where the
civil courts may act in any matter where the law makers have left out and may pass order for
the ends of justice or to prevent the abuse of the process of the court.

TRANSCRIPT

Introduction:
In every state of India, there is a system of Subordinate Courts below the respective High
Courts. The Constitution of India makes a few provisions in Articles 233 to 237 to regulate
the organizations of these courts and to ensure independence of judges. There are District
Judges and the Civil Judges of Senior Division and Civil Judges of Junior Divisions on the
civil side. On the criminal side there are Sessions Judges and the Magistrates.

Every state in India organizes the powers and procedure of the courts and for example
for the state of Manipur. The Manipur Courts Act, 1955 provides, the powers, structures and
functioning of the civil courts within the state. The court of the District Judge is the principal
Civil Court of original jurisdiction and below this court there exists the court of the Civil
Judge Senior Division and the Civil Judge, Junior Division. As far as their jurisdictions, they
functioned within the prescribed territorial limits with pecuniary jurisdiction of entertaining
the suits up to the value of Rs.20,000/- by the Civil Judge Junior Division and beyond that
value upto any limit can be entertained by Civil Judge, Senior Division. As far as Civil
Appeals, an appeal upto the value of Rs.50,000/- shall lie to the District Judge and beyond
that value an appeal shall go to the High Court.
In the Criminal matters, there exists the Court of the Sessions, the Judicial Magistrates
and the Executive Magistrate that are functioned under the Code of Criminal Procedure,
1973. In the study of the role of the Subordinate Courts in the matters of protection of human
rights, it requires a classification in two heads i.e. the role of the civil courts and the role of
the criminal courts.

The Role of the Civil Courts:

 As regards the regulation of the procedure of the courts of civil judicature, the Code
of Civil Procedure, 1908 is the law to consolidate and amend the laws relating to civil
procedure, in India. Section 9 of the code lays down that court to try all civil suits unless
barred. The courts shall have jurisdiction to try all suits of a civil nature excepting suits of
which their cognizance is either expressly or impliedly barred. The explanation to the section
clarifies that a suit in which the right to property or to an office is contested, is a suit of civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to
religious rites or ceremonies.

Every suit shall be instituted by the presentation of a plaint or in such manner as may
be prescribed. In every plaint, facts shall be proved by affidavits. Every suit shall be instituted
in the court of the lowest grade competent to try it.

It is relevant to refer to the Specific Relief Act, 1963 which is in force in India since
the first of March, 1964. A mature legal system endeavours to provide not merely a remedy
for every right infringed, but also an adequate remedy. It was in this process of a search for
effective remedial action that Specific Relief emanated from the Equity Courts in England.
The principles built by successive Chancellors of England in this branch of law have been
borrowed by the Indian Courts and have served to enrich in Indian law. The Specific Relief
Act, 1963 came into being as an Indian law thereafter.

The Act declared in Section 4 that specific relief can be granted only for the purpose
of enforcing individual civil rights and not for the purpose of enforcing a penal law. The
provisions of specific relief under the Act envisaged –
a) Suits for recovery of specific movable or immovable property which may be
recovered in the manner provided by the Code of Civil Procedure, 1908.
b) Suits for specie performance of contract may be granted by the court when there exist
a standard for ascertaining actual damage caused by the nonperformance of the act
agreed to be done or when the act agreed to be done is such that compensation in
money for its nonperformance would not afford adequate relief.
c) Power to award compensation in certain cases.
d) Power to grant relief for possession, partition, refund of earnest money etc.

The Role of the Civil Courts in granting injunctions:

The Specific Relief Act, 1963 provides that the courts can grant preventing relief at its
discretion in the nature of temporary or perpetual injunction. Temporary injunctions are such
as to continue until a specified time or until the further order of the court and they may be
granted at any stage of the suit and are regulated by the Code of Civil Procedure, 1908
 A perpetual injunction can only be granted by the decree made at the hearing and
upon the merits of the suit. The defendant is thereby perpetually enjoined from assertion of a
right or from commission of an act, which would be contrary to the rights of the plaintiff.

The Code of Civil Procedure, 1908, order 39 is the provision for enabling the courts
to grant temporary injunction.The court may by order grant temporary injunction to restrain
such act or make such order for the purpose of staying and preventing the wasting, damaging,
alienation, sale, removal or disposition of the property or dispossession of the plaintiff or
otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the
court thinks fit until the disposal of the suit or until further orders.

Perpetual injunction may be granted to the plaintiff to prevent the breach of an

obligation existing in his favour whether expressly or by implication. When the defendant
invades or threatens to invade the plaintiff’s right to or enjoyment of property, the court may
grant a perpetual injunction.

The term injunction is ordinarily understood to grant of preventive relief only but, the
courts can also grant mandatory injunctions. When to prevent or breach of obligation, it is
necessary to compel the performance of certain acts when the court is capable of enforcing,
the court may in its discretion grant an injunction to prevent the breach complained of an also
the performance of the requisite acts.

The role of the civil courts is significant in the areas of granting Declaratory Decrees.
Where in any suit, it is shown that any person is entitled to any legal character or to any right
as to any property, against any person denying or interested to deny, his title to such character
or right, the court may in its discretion make a declaration that he is so entitled. A declaration
made under the Specific Relief Act, 1963 is binding only on the parties to the suit, persons
claiming through them respectively.

The Role of the Civil Court in Suits of public nature (Relator Actions):
Section 91 of the Code of Civil Procedure, 1908 lays down the role of the courts in
public nuisances and other wrongful acts affecting the public. In most of the suits the claims
made are to vindicate a private right and to obtain a decree which is binding between the
parties or their representatives in interest and to no others. But, section 91 is a suit of public
nature and popularly understood as the Relator Actions. The provision goes – In the case of a
public nuisance or other wrongful act affecting or likely to affect the public, a suit for
declaration and injunction or for such other relief as may be appropriate in the circumstances
of the case may be instituted –
i) by the Advocate General or
ii) with the leave of the court, by two or more persons even though no special damage
has been caused to such persons by reason of such public nuisance or other wrongful
act.
This is a suit to vindicate public right, by filing suit and may also be termed as Public
Interest Suit of an extensive remedial nature of protection of public right in the way of civil
suit.

The ADR, under the Code of Civil Procedure:

Litigation is cumbersome and time consuming job and there must be an end to
litigation. A civil suit pulls on endlessly and still continues in appeals before the District
Judge and the High Courts and takes years and even decades to settle a matter. Not only
money and time taxing there is the dimension of mental agony. In order to remedy this
malady, the provision of settlement of dispute outside the court popularly known as
Alternative Dispute Redressal in short ADR, has been introduced in the Code of Civil
Procedure, 1904 by incorporating the provision and became a legal provision since the 1 st
July, 2002. Where it appears to the court that there exists elements of a settlement which may
be acceptable to the parties, the court shall formulate the terms of settlement and give them to
the parties for their observations and after receiving the observations of the parties, the court
may formulate the terms of a possible settlement and refer the same for – arbitration;
conciliation, judicial settlement including settlement through Lok Adalats or mediation.

The Role of the Subordinate Criminal Courts:

The Criminal Courts in India function under the provisions of the Code of Criminal
Procedure, 1973. As far as the role of the criminal courts in protecting human rights, is
concerned, one will certainly feel the provisions of issuing search warrants under the code
where the criminal courts are empowered to issue orders akin to a writ of Habeaus Corpus.
The right to life and personal liberty is most precious right as human liberty is birth right
apart from a guarantee of that right under Article 21 of the Constitution of India.
Section 97 of the code made provisions for search for persons wrongfully confined
and Sec. 98 is the power of the court to compel restoration of abducted females.

When any person is detained unlawfully, a Writ of Habeaus Corpus that can be issued
by the High Court can direct any detaining authority or person to bring the detainee before
the court to examine the legality of such detention and if found to be illegal then an order is
issued for setting the detainee free. But a Habeaus Corpus Writ cannot be used to make a
search of a person detained and wrongfully confined and hunt out a detainee. A search
warrant can hunt out a detained person and set free. The powers are given to a District
Magistrate, Sub-Divisional Magistrate or a Magistrate of First Class who can exercise this
power. Under Section 97, if any of the class of the Magistrate and mentioned above has
reason to believe that a person is confined under such circumstances that the confinement
amounts to an offence, he may issue a search warrant and the person to whom the warrant is
directed may search for the person so confined and such search shall be made in accordance
therewith and the person if found shall be immediately taken before the Magistrate, who shall
make such order as in the circumstances of the seems proper.
 Under Section 98, the Magistrates mentioned above may compel restoration of
abducted females. Upon complaint made on oath of the abduction or unlawful detention of a
woman, or a female child under the age of 18years, for any unlawful purpose, such
Magistrate may make an order for the immediate restoration of such woman to her liberty or
of such female child to her husband, parent, guardian or other person having the lawful
charge of such child, and may compel compliance of such order, using such force as may be
necessary.
The Subordinate Criminal Courts i.e. the District Magistrate, Sub-Divisional
Magistrate and the Magistrate of first class can play a very important role in this area of
setting person at liberty by passing orders akin to Habeaus Corpus that can be issued by the
High Court.

The Role of the Subordinate Courts: Exercise of inherent Power.

The Legislature has made detailed provision in the statutes. But, the Legislature may
not anticipate each and every problem that may occur years after passing the enactment.
Therefore, inherent powers that can be exercised by the court are laid down. Under Section
151 of the Code of Civil Procedure, 1908 it is provided that “Nothing in this code shall be
deemed to limit or otherwise affect the inherent power of the court to make such orders as
may be necessary for the ends of justice or to prevent the abuse of the process of the court.”
The inherent powers of a civil court are to be exercised by it in very
exceptional circumstances. This power is exercised very sparingly when the court considers it
absolutely necessary for the ends of justice or to prevent the abuse of the process of the court.
The Legislature has made detailed provisions in the code for various matters. If there are
express provisions in the code covering a particular topic then no power shall be exercised
under the inherent power.
Conclusion:
When one talks about protection of human rights, one will be interested mostly to the
powers of the High Courts and the Supreme Court under the Constitution. But, it is equally
important to appreciate the role of the Subordinate Courts as well in this area the Code of
Civil Procedure, 1908, the Specific Relief Act, 1963 and the Code of Criminal Procedure,
1973 are some of the enactments which laid down the procedure and power of the
Subordinate Civil and Criminal Courts in granting relief. The Code of Civil Procedure
providing the procedure for maintaining a right in filing suits between the parties popularly
known as civil suits. The code also lays down the suit of pubic nature called the Relator
Action, is a very useful remedy to vindicate a right of public nature. The criminal courts’
power to issue search warrants and operating akin to a writ of Habeaus Corpus is another
dimension of the role of subordinate judiciary in the protection of human rights. The power of
the District Magistrate, Sub-Divisional Magistrate and the Judicial Magistrate of first class to
exercise the power of restoration of abducted females and the power to issue search warrants
to set free a person, who is wrongfully confined, are the areas where the subordinate judiciary
can play a considerable role. The inherent power of the civil court is another area where the
civil courts may act in any matter where the law makers have left out and may pass order for
the ends of justice or to prevent the abuse of the process of the court.
---

FAQs:
Q1. What do we mean by Subordinate Judiciary?
Ans. In every state there is a system of subordinate courts below the respective High
Courts.

Q2. Does the Subordinate judiciary assumes constitutional status?

Ans. The Constitution of India makes a few provisions in Articles 233 to 237 to regulate
the subordinate judiciary.

Q3. Under what provisions of law civil courts are organized?

Ans. Every state has the enactment of the powers of the courts but the procedural law is
contained in Code of Civil Procedure, 1908.

Q4. What is the meaning of Suits of Civil nature?

Ans. This is explained under Section 9 of the Code of Civil Procedure that a suit in which
the right to property or to an office is contested.

Q5. How a suit is instituted?

Ans. Every suit is instituted by the presentation of a complaint in the proper court.

Q6. There exists a hierarchy of civil courts. What is the proper court where the suit
must be filed?
Ans. Every suit shall be instituted in the court of the lowest grade competent to try it.

Q7. Where does one find the substantive law of filing a suit?
Ans. The Specific Relief Act, 1963.

Q8. Can a suit be filed for the benefit of the public?

Ans. Yes. Section 91 of the Code of Civil Procedure is the relevant provision popularly
known as Relator Action.
Q9. What is an ADR?
Ans. Section 89 of the Code of Civil Procedure lays down a procedure that may be
followed by the court to end a litigation by means of settlement.

Q10. In what manner, the criminal courts may act as a Habeas Corpus Court?
Ans. Sections 97 and 98 are the provisions where a Magistrate can take the role to set free
detained persons by issuing search warrants.

Glossary:
Equity Courts : In the past, the Lord Chancellor in England used to preside this
Court evolving equitable principles.
Decree : It is a formal expression of an adjudication which definitively
decides right of the parties in a Civil Suit.
Relator action : A suit filed for the benefit of public at large on the initiation of the
Advocate General or two or more persons with the leave of the
Court.
ADR : Alternative Disputes Redressal as provided in Section 89 of the
Code of Civil Procedure.

References:
1. Lal, Batuk, 2000: Commentary on the Code of Criminal Procedure, Kamla
Publishing House Allahabad.
2. Shaha, A.N. 1999: Civil Courts Practice and Procedure. Vinod Publications, Delhi.
3. The Code of Criminal Procedure, 1973, Universal Law Publishing Co. Delhi, 2014.
4. The Code of Civil Procedure, 1908, Universal Law Publishing Co. Delhi, 2010.
5. The Specific Relief Act, 1963, Universal Law Publishing Co. Delhi, 2004.
6. The Manipur Code, 1963, Volume No. II, Government Press, Manipur.

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