Reforming Subordinate Judiciary

• 18 Jun 2025

For Prelims: Subordinate Judiciary, High Court, State Public Service Commission, District Judge, e-Courts, All India Judicial Service (AIJS), Alternative Dispute Resolution (ADR), Common Service Centres

For Mains: Key constitutional provisions and challenges related to subordinate judiciary, Steps needed to strengthen subordinate judiciary. 

Source: LM  

Why in News? 

The subordinate judiciary, which handles 87.5% of India’s cases, forms the backbone of our legal system but suffers from vacancies, case backlogs, and outdated processes hampering India’s economic growth.  

• Reforms in this vital pillar can spur faster socio-economic growth, as seen in Singapore and Kenya, where judicial efficiency has driven economic progress. 

What is the Economic Impacts of Judicial Backlog at Subordinate Judiciary? 

• Macroeconomic Impact: India’s district courts are burdened with 45 million pending cases, causing a silent economic drain of about 0.5% of GDP annually (roughly Rs 1.5 trillion). 
  • According to the World Bank, reducing judicial vacancies from 25% to 15% could boost investment and business confidence, while the IMF estimates that efficient courts could raise GDP per capita growth by 0.28 percentage points. 
• Stifled Business Growth & Investment: Land lease disputes hinder business growth and discourage MSMEs by increasing operational risks and weakening investor confidence. 
  • Judicial vacancy fuels case backlogs, deterring investors and contributing to its 163rd rank in the World Bank’s Ease of Doing Business 2020. 
• Fiscal Drain & Opportunity Costs: Pending cases lock land, capital, and labor in unproductive litigation (such as property disputes).  
  • Inefficient dispute resolution weakens tax compliance, while slow contract enforcement drives businesses to avoid formal agreements, fueling the shadow economy. 

What are the Challenges in India’s Subordinate Judiciary? 

• Judicial Vacancies and Overburdened Judges: There are 5,388 vacancies in the lower courts, where judges handle 746 cases annually, far exceeding the global best practice of 200–300 cases. 
  • This vacancy crisis burdens judges, causes delays in justice delivery, and weakens confidence among small businesses and entrepreneurs, adding to case pendency. 
• Outdated Systems and Inadequate Digitisation: Lack of integrated digital platforms and fragmented digitisation hinders the potential of e-Courts, AI, and analytics, while hybrid systems (digital filing and manual tracking) create barriers for small businesses and rural litigants. 
  • Moreover, with only 6.7% of district courts being women-friendly, the participation of women litigants and professionals remains limited. 
• Flawed Recruitment Policies: The 3-year practice requirement for district judge appointments limits diversity, as only 15% of practising lawyers are women, reducing the talent pool. 
  • Decentralised recruitment causes uneven judicial service quality across states, and the lack of an All India Judicial Service (AIJS) hinders standardised appointments and delays filling vacancies with qualified candidates. 
• Inefficient Case Management: The lack of robust case management systems and dominance of manual processes, with underused digital tools, contribute to prolonged delays. 
  • The absence of a unified platform linking police, forensics, and courts has stalled progress under e-Courts reforms. 
• Risk of Exclusion & Digital Divide: Digital reforms risk creating a digital divide, excluding rural and less-educated litigants as rapid digitalisation without support leaves behind those lacking technological access or literacy. 
  • India’s linguistic and educational diversity requires careful implementation of tech reforms to ensure inclusivity for all. 

What is Subordinate Judiciary? 

• About: Subordinate courts are the lower courts in a state’s judicial structure, functioning under the supervision of the High Court and they perform their duties at the district and lower levels. 
• Constitutional Basis: Articles 233 to 237 of Part VI of the Constitution deal with the organization and independence of subordinate courts and ensure judicial independence from the executive. 
• Appointment of Judges: District Judges are appointed, posted, and promoted by the Governor in consultation with the High Court. 
  • Other judicial service appointments (below district judge) are made by the Governor after consulting the State Public Service Commission and the High Court. 
• Eligibility of District Judge: A district judge must not be in Central or State government service, must have been an advocate or pleader for at least 7 years, and must be recommended by the High Court. 
• Control: Control over subordinate courts (postings, promotions, leave of judicial officers below district judge) lies with the concerned High Court. 
• Structure & Jurisdiction: The structure, jurisdiction, and titles differ state to state, but the basic three-tier system exists: 
  • District & Sessions Court: It is the highest judicial authority at the district level and exercises both original and appellate jurisdiction in civil and criminal matters.  
    • A Sessions Judge can impose life imprisonment or death sentence, but the death penalty requires High Court confirmation. 
  • Subordinate Civil & Criminal Courts: On the civil side, a Subordinate Judge has unlimited pecuniary jurisdiction, while a Munsiff deals with cases of limited pecuniary jurisdiction. 
    • On the criminal side, the Chief Judicial Magistrate handles cases punishable with up to 7 years of imprisonment, and the Judicial Magistrate deals with offences punishable up to 3 years. 
  • Special Courts: 
    • Metropolitan Areas: In some metropolitan cities, city civil courts (headed by chief judges) handle civil cases, while metropolitan magistrate courts deal with criminal cases. 
    • Small Causes Courts: Some states have established small causes courts to handle low-value civil cases summarily; their decisions are final, but subject to High Court revision. 
    • Panchayat Courts: In some states, Panchayat Courts (e.g. Nyaya Panchayat, Gram Kutchery) handle petty civil and criminal cases. 

 

• Appeal Mechanism: The District Judge/Sessions Judge exercises both original and appellate jurisdiction, while appeals from subordinate courts are heard by the High Court. 

Note: District Judges include a 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 and assistant sessions judge. 

• Judicial service means 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. 

What Steps can be Taken to Strengthen India’s Subordinate Judiciary? 

• Fill Judicial Vacancies: An AIJS would provide centralized, merit-based recruitment (like the IAS) to attract top talent, enhance diversity, and enable fast-track promotions for judges. 
  • Replacing the 3-year practice rule with competency-based hiring (as in South Africa and the UK) can boost gender diversity and create clear promotion paths from district judges to High Courts. 
  • E.g., Kenya reduced commercial case timelines from 465 to 346 days by judicial reforms. 
• Digitization & AI-Driven Case Management: A Unified Digital Platform integrating police, forensics, and courts, along with AI-powered analytics to prioritise backlogged cases and 100% paperless courts, can greatly enhance efficiency. 
  • Global models like Thailand’s digital case management and Brazil’s e-process system highlight the benefits of such reforms. 
• Expand Alternative Dispute Resolution (ADR): Mandatory pre-litigation mediation (like Singapore, resolving 80% of cases out of court) and scaling up Lok Adalats can strengthen community-based dispute resolution, while special commercial courts (as in Kenya) can fast-track business cases. 
• Optimize Court Infrastructure & Working Hours: Night courts and double shifts (as in Ghana) can optimize infrastructure and improve case disposal rates, while AI-based scheduling (like Malaysia) helps reduce idle time. 
  • Ensuring women-friendly courts with safety measures, lactation rooms, and childcare facilities can enhance inclusivity and support for women in the judiciary. 
• Ensure Last-Mile Access: Village Legal Kiosks, similar to Common Service Centres, can enable assisted e-filing in rural areas. Multilingual AI interfaces will help non-English speakers navigate the court system effectively. 

Conclusion 

India’s subordinate judiciary, burdened by vacancies, delays, and outdated systems, stifles economic growth. Reforms like AIJS, digitization, mediation expansion, and optimized court hours—inspired by global models—can transform courts into growth accelerators. Swift justice delivery will boost GDP, business confidence, and social equity, realizing Viksit Bharat’s potential. 

Drishti Mains Question:

India’s subordinate judiciary forms the backbone of justice delivery, yet suffers from systemic challenges. Discuss key reforms required to strengthen subordinate courts. 

UPSC Civil Services Examination Previous Year Question (PYQ)  

Prelims

Q. With reference to the Indian judiciary, consider the following statements: 

1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India. 
2. A High Court in India has the power to review its own judgement as the Supreme Court does. 

Which of the statements given above is/are correct? (2021)  

(a) 1 only   

(b) 2 only  

(c) Both 1 and 2   

(d) Neither I nor 2  

Ans: (c) 

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Mains  

Q. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (2021) 

Q. Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (2017)