The State Judiciary (Article 214 - 237)

The State Judiciary consists of a High Court for each state followed by the District Courts and Subordinate Courts. The lower courts operate under the direct supervision of the higher courts. 

High Courts

High Courts are instituted as constitutional courts under Part VI, Chapter V, Article 214 of the Indian Constitution. The High Courts are the principal civil courts of original jurisdiction in the state along with district courts which are subordinate to the High Courts. Judges in a High Court are appointed by the President of India in consultation with the Chief Justice and the Governor of the State. The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average or the average rate of disposal of main cases per judge per year in that High Court, whichever is higher. 

The judges of the High Courts of India can remain in office till the age of sixty two. The judges of the High Court must be an Indian Citizen and must have ten years of experience in adjudication or in legal practice. The proposal of removal of the judges must be passed by a two thirds majority of the members present in the legislature. The proposal then shall be sent to the President for his assent. The President will then ask the judge to resign. 

The High Court of India acts as the court of original jurisdiction and the court of Appellate Jurisdiction at the same time. The High Court of India have the power of superintendence over all the lower courts of a state except the Military Tribunals. As the head of the judiciary in the state, the High Court has administrative control over the subordinate in the state. The High Court is a Court of Record. This means that all regards that all cases that come to the High Court are kept with the extreme care possible and these records are later referred to in dealing with other cases.

Subordinate Courts

In every state besides the High Court there are number of judicial courts to administer justice. These courts function under the complete control and supervision of the High Court. There are two types of subordinate courts in every district - civil and criminal courts.

Civil Courts

The Court of the District judges is the highest civil court in a district. It exercises both judicial and administrative powers. The court of the District Judge is located at the district headquarters. Below the court of the District Judge are the courts of sub-judge, Additional Sub-Judge and Munsif Courts. Most of the civil cases are filed in the court of the Munsif. The court of the District Judge has both original and appellate jurisdiction.

Criminal Courts

Under criminal courts, there are courts of the District and Sessions Judge, Additional Sessions Judges, Assistant Session Judge and the courts of the first class magistrates. The district and session judge may pass any legal sentence but a death sentence is subject to confirmation by the High Court. An Assistant - Session Judge has the power to sentence a person to ten years imprisonment. A first class Magistrate may pass a sentence of imprisonment not exceeding two years or a fine not exceeding one thousand rupees. Beside this there are courts of second class and third class Magistrates also.

Revenue Courts

The Board of Revenue is at the apex of all the revenue courts. Under the Board of Revenue are the Commissioner's Court, Court of Tahsildar and Nayab Tahsildar. Each district has separate courts for its land revenue system. Every dispute related with land revenue first comes before the Court of Tahsildar. The Board of Revenue hears the final appeals against all the lower revenue courts under it. For providing speedy and economical justice of the poor and the downtrodden. Legal Aid, Lok Adalat and Public Interest Litigation have been introduced in the country. 

Administrative Tribunals

According to the provision of Article 323 (A), the Administrative Tribunals Act, 1985 was enacted by Parliament. The tribunals adjudicate disputes and complaints relating to recruitment and condition of service of persons appointed to public services and posts in connection with affairs of the Union and the state. A tribunal can be checked by a High Court for exceeding its jurisdiction if its order is contrary to natural justice.

Family Courts

The family courts have been established under the Family Courts Act 1984. Family Courts aim at promoting conciliation in and securing speedy settlement of disputes relating to marriage and family affairs. Appeals against the orders of the family courts can be made to the High Court. Under article 136 of the constitution appeals can be presented in the Supreme Court also.

State Judiciary (Article 214 - 237)

Article 214: High Courts for States

Article 215: High Courts to be courts of record

Article 216: Constitution of High Courts

Article 217: Appointment and conditions of the office of a Judge of a High Court

Article 218: Application of certain provisions relating to Supreme Court to High Courts

Article 219: Oath or affirmation by Judges of High Courts

Article 220: Restriction on practice after being a permanent Judge

Article 221: Salaries, etc., of Judges

Article 222: Transfer of a Judge from one High Court to another

Article 223: Appointment of acting Chief Justice

Article 224: Appointment of additional and acting Judges

Article 224A: Appointment of retired Judges at sittings of High Courts

Article 225: Jurisdiction of existing High Courts

Article 226: Power of High Courts to issue certain writs

Article 227: Power of superintendence over all courts by the High Court

Article 228: Transfer of certain cases to High Court

Article 229: Officers and servants and the expenses of High Courts

Article 230: Extension of jurisdiction of High Courts to Union territories

Article 231: Establishment of a common High Court for two or more States

Article 232: The Article 232 was omitted from the Indian Constitution to give effect to the State Reorganisation process in 1956.

Subordinate Courts

Article 233: Appointment of district judges

Article 233A: Validation of appointments of, and judgments, etc., delivered by, certain district judges

Article 234: Recruitment of persons other than district judges to the judicial service

Article 235: Control over subordinate courts

Article 236: Interpretation

Article 237: Application of the provisions of this Chapter to certain class or classes of magistrates.