India is one of the biggest democracies in the world. In order to ensure law and order throughout this vast country, every state has its own judiciary system in place. Under the judicial structure of each state of India, the High Court is regarded as the highest authority. Below the High Court, other courts make up the subordinate judiciary system. These courts are known as subordinate courts.
Types of Subordinate Courts
The subordinate courts have been named such because they come under the authority of the state’s High Court. In every district in India, there are many types of subordinate courts. These include:
- Civil Courts that hear civil cases
- Criminal Courts that hear criminal cases
- Revenue Courts that attend to revenue-related cases
Civil Courts are ruled by a District Judge or a District and Sessions Judge. Under them come a Sub-Judge who attends to matters at the family courts. In some places, below this, there is the Munsif, and there can also be small-causes courts that make up the lowest rung of the hierarchy of civil subordinate courts.
Criminal Courts are ruled by a Sessions Judge or a Sessions and District Judge. Under a Sessions Judge, there can be a Metropolitan Magistrate.
When it comes to Revenue Courts, the highest power remains with a Board of Revenues, followed by a Collector or Commissioner, then a Tehsildar, and at the lowest level, there can be a Naib Tehsildar.
So the High Court, along with this hierarchy of subordinate courts, also known as lower courts, make up a state’s judicial system.
The subordinate courts comprise the District Judges, Judges of any of the city civil and criminal courts, Metropolitan magistrates and all the members of the judicial service of that state.
Revenue courts in India
Revenue courts deal with cases of land revenue in the state. The Board of Revenue is the district’s highest revenue court, followed by the Commissioners’, Collectors’, Tehsildars’, and Assistant Tehsildars’ Courts. The Board of Revenue is in charge of hearing final appeals from the lower revenue courts. The primary goal of these courts is to address all issues relating to land revenue, as well as issues affecting agricultural land boundaries and tenancy. Suits referred to here include succession, land transfer, the partition of holdings, demarcation of boundaries, removal of encroachments, eviction of trespassers, and declaratory suits (specifically in Uttar Pradesh) in several states. In any case, such lawsuits do not fall under the jurisdiction of civil courts.
The different types of revenue courts are provided hereunder;
- Board of Revenue
- Commissioner’s Court
- Collectors’ Court
- Tehsildar’s Court
A uniform designation has been brought about in the subordinate judiciary’s Judicial Officers all over the country, by means of:
- District or Additional District Judge, Civil Judge (Senior Divisions) and Civil Judge (Junior Division) on the Civil side, and
- On the criminal side, Sessions Judge, Additional Sessions Judge, Chief Judicial Magistrate and judicial magistrates made in existing posts by indicating their equivalent with any of these categories by all state Government/Union Territories Administrations.
The administrative control over members of the subordinate judicial service is vested in the concerned high court under Article 235 of the Indian Constitution. In addition, in the execution of the powers entrusted to the appropriate designated individual, the state government shall create rules and regulations in consultation with the high court exercising jurisdiction in connection to Article 309 read with Articles 233 and 234 of the Constitution.
Constitution of revenue courts
- Board Members (Both admin and judicial): This board usually consists of a Chairman and any other members are chosen by the state government. The principal duty of this board is to act as the ultimate decision-maker in instances involving disposition, appeals, or modification. Also, in all other issues provided in separate state codes, subject to the supervision, direction, and control of the state Government.
- Commissioners or Additional Commissioners: Each division will have a commissioner nominated by the State Government. One or more extra commissioners may be appointed by the State Government in one or more divisions.
- Collectors or Additional Collectors: The person in charge of revenue administration is known as a collector. As a result, a state government must appoint a commissioner in each district, as well as one or more additional commissioners in one or more districts.
- Assistant Collectors: The state Government has the ability to appoint as many people as it sees fit for the positions of first and second-class assistant collectors. In addition, if necessary, the state government may designate an assistant-collector first class to serve as extra sub-divisional officials for one or more tehsils in a district.
- Chief Revenue Officers: A revenue inspector’s job is to ensure that village records are properly maintained, supervised, and corrected, among other things. Each district’s collector has the authority to designate one or more tehsils.
- Settlement Officers and Assistant Settlement Officers: They have generally involved settling disputes between parties to a suit.
- Record Officers and Assistant Record Officers: These officers are responsible for maintaining all official records that are required in day to day activities of the revenue board or courts in general.
- Tahsildars and Tahsildar (Judicial): A tax officer accompanied by revenue inspectors is known as a tehsildar. They are responsible for collecting taxes on land revenue from a tehsil. A tehsildar is often referred to as the tehsil’s Executive Magistrate.
- Naib Tahsildar: The state Government has the authority to appoint as many Naib Tehsildars as it sees fit in each district.
Powers of revenue courts in India
- Power to ask for records: The board or commissioner has the authority to request any records relating to any kind of suit or proceeding that is being judged by any subordinate revenue court in which no appeal has been filed, or even if an appeal has been filed, it is to be deemed that the same has not been filed yet. The purpose behind the same is to ensure the satisfaction of board members, legality or propriety, of any such order passed in a particular suit or proceeding referred to by the Board member.
- Power to review: A revenue board has the power to review any of the order passed by itself or pass any such order as it may think fit on the basis of any applications made to it by an interested party or board can do so, of its own motion.
- Power to transfer cases: A revenue board has the authority to transfer cases from one revenue court to another revenue court of a higher or equivalent rank, in the same district or any other district, but only if it is convenient and practicable for the goals of justice.
Jurisdiction of revenue courts in India
Jurisdiction of civil courts vis-a-vis revenue courts
The question of whether a civil court has jurisdiction over suits challenging agricultural land transfer deeds on the grounds that they are defective or voidable and seeking cancellation has been a difficult one. Section 49 of the U.P. Consolidation of Holdings Act, 1954 deals with res judicata, both actual and constructive, and the bar of civil or revenue court jurisdiction (could or ought). If a claim could be made during consolidation operations but it was not done then thereafter it cannot be raised in any court including a civil court.
Where any revenue court is governed by the provisions of any state code in those matters of procedure where no special enactment applicable to them is silent, the State Government may declare, by notification in the Official Gazette, that any portions of those provisions not expressly made applicable by the state code shall not apply to those courts, or shall only apply to them with such modifications as the state government may prescribe. A revenue court means, a court vested with the original jurisdiction to try suits or proceedings relating to the rent, revenue, or profits of land used for agricultural purposes, as have been mentioned before as well, but not a civil court with original jurisdiction to try such suits or proceedings as civil suits or proceedings.
FAQs
What is a Subordinate Revenue Court?
A Subordinate Revenue Court is a lower-level court that deals with disputes related to land revenue, agricultural land, and other revenue-related matters. These courts function under the jurisdiction of the Revenue Department and handle cases such as land ownership disputes, mutations, and tenancy issues.
What types of cases are heard in Subordinate Revenue Courts?
Subordinate Revenue Courts typically hear cases related to land records, land revenue disputes, tenancy issues, mutations, partition of land, and other matters concerning agricultural land. These courts also address issues like wrongful possession and correction of revenue records.