Tribunals & Subordinate Courts

The Structure of the Subordinate Judiciary

Articles 233–237

Below each High Court is the district judiciary. On the civil side the hierarchy runs from Civil Judge (Junior Division) to Civil Judge (Senior Division) to the District Judge; on the criminal side, from Judicial Magistrate to Chief Judicial Magistrate to the Sessions Judge (the same officer as the District Judge). District judges are appointed by the Governor in consultation with the High Court (Article 233), and the High Court controls the subordinate courts (Article 235).

• Article 233: appointment of district judges.
• Article 235: High Court's control over subordinate courts.

1992–2025

The All India Judges' Association Cases

Pay, recruitment and entry to the district judiciary

In a series of cases brought by the All India Judges' Association, the Supreme Court directed uniform service conditions for the subordinate judiciary, better pay (implemented through the Shetty Commission and later the Second National Judicial Pay Commission chaired by Justice P.V. Reddi), and a share of district judge posts for direct recruitment from the Bar and by limited competitive examination. In May 2025 the Court restored the requirement of three years' practice at the Bar for entry as a Civil Judge (Junior Division).

• First National Judicial Pay Commission: Justice K.J. Shetty.
• Second National Judicial Pay Commission: Justice P.V. Reddi.
• May 2025: three years' practice restored for entry-level judges.

1976

Tribunals and the Constitution

Articles 323A and 323B

The 42nd Amendment added Part XIVA, allowing Parliament to create administrative tribunals for service disputes (Article 323A) and state legislatures and Parliament to create tribunals for matters such as taxation, industrial disputes, land reform and elections (Article 323B). Many other tribunals are created by ordinary statute.

1997

L. Chandra Kumar v. Union of India

Tribunals cannot oust the High Courts

A seven-judge bench held that the power of judicial review of the High Courts under Articles 226 and 227 and of the Supreme Court under Article 32 is part of the basic structure. Tribunals can act as courts of first instance, but their decisions are subject to review by a division bench of the High Court within whose jurisdiction the tribunal sits.

2010–2021

The Madras Bar Association Cases

Tribunal independence

In a series of cases brought by the Madras Bar Association, and in Rojer Mathew (2019), the Supreme Court repeatedly struck down laws and rules governing tribunals — such as short tenures, executive-dominated selection committees and a minimum age of 50 — for undermining their independence. The Tribunals Reforms Act 2021 re-enacted several of the struck-down provisions and was itself challenged.