Why district judiciary as cornerstone of India's judicial institution needs to be better understood

Recently, the CJI DY Chandrachud raised the issue of subordination of district judiciary so much so that these courts as a class together are referred to as subordinate judiciary. The issue of colonial hangover regarding treatment meted out to judges of trial courts from the higher judiciary was also underlined. It is thus imperative that the district judiciary be better understood, more so when it is said to be the cornerstone of our judicial institution. District courts: A legal overview District courts comprise a hierarchy of courts ranging from the Court of Civil Judge (Junior Division) / Judicial Magistrate First Class to the District Judge / Sessions Judge, the former being the lowest and the latter being the highest. Notably, ‘Chapter VL’ of the Constitution mentions ‘Subordinate Courts’. Further, Article 235 of the Constitution which provides for the control of the high court over district judiciary mentions two classes of courts, i.e., District courts and courts subordinate thereto. While the subordination of these courts to the high court is definitely there, this in no manner can be extended to argue that the district judiciary is subordinate, as is commonly understood in colonial parlance. It is the vestiges of the colonial past that we gradually imbibed that the judges of the district are subordinate and inferior. This idea does not find support from either the constitution or its principles. Our Constitution which is transformative in nature intends to transform not just the civil rights of the citizenry but also the institutions that exist for the citizenry. This was also reflected when the Supreme Court in the All India Judges’ Association Case changed the nomenclature of Munsiff to Civil Judge (Junior Division). Over the period of time, several steps have been taken by the Supreme Court and various high courts to ensure that the district judiciary is given its due respect. In that regard, several sitting and retired judges have argued that judges of the district court be referred by their official designation than calling these judges subordinate judges. Importance of district courts District court is the cornerstone of our judiciary. A common litigant mostly approaches the district court for the resolution of his disputes. Unsurprisingly, the highest number of cases are instituted before the district court and these also have the highest pendency of cases. The judicial magistrate has been entrusted by the Constitution to protect one of the foremost fundamental rights during arrest. Article 22 of the Constitution mandates that “every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty - four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate”. It is thus amply clear that the first line of protection afforded to a citizen against the state excess is the judicial magistrate. Detention beyond 24 hours can only happen when the Judicial Magistrate authorizes so. The aforesaid example is illustrative of the importance of the district judiciary. There are ample provisions in the law that empower district courts to uphold, in the true sense, the rights of the citizens vis-à-vis state and also inter-se citizens. Way forward India is celebrating its 75th year of Idependence as ‘Azadi ka Amrit Mahotsav’. A call has already been made by the prime minister to shed colonial hangover. CJI Chandrachud has taken a step in the right direction to giving appropriate respect to the district judiciary. It is the need of the hour that district court be no longer called subordinate judiciary or the judges in the district as subordinate judges. Thought should also be given towards suitably amending the Constitution to delete the words of subordination of the district judiciary and it should be replaced with administrative control or similar appropriate words. Further, the relationship of the district judiciary with the higher judiciary should be made more on an equal footing than treating the district judiciary as mere subordinates. This would go a long way in maintaining healthy relations among the judges and also ensure that they are motivated towards justice dispensation. The author is an advocate at the Allahabad High Court and BA LLB (Hons.) graduate of NLSIU Bangalore. Views are personal. Read all the Latest News , Trending News , Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.