COURTS AND HIERARCHY

Hierarchy:-

The expression ‘hierarchy’ denotes the classification, constitution, powers and jurisdiction. The whole judicial system in modern India is organised on the hierarchical pattern. At the apex there is a Supreme Court of India, and then comes the High Courts of which there is one in each State. Below the High Courts there are the subordinate civil and criminal courts. The civil courts below the High Courts owe their existence and jurisdiction to the enactment of each State concerned.

Supreme Court:  

The Supreme Court of India was established on 28^th January, 1950. Under the constitution of India, the SC has been declared to be the highest Court of the land. The SC consists of a Chief Justice of India and 25 other Judges. As per Article 124 (2) of the constitution, every judge of the SC shall be appointed by the President by warrant under his hand and seal after the consultation with such of the judges of the SC and of the HC in the states as the president may deem necessary for the purpose and shall hold the office until he attains the age of 65 years.

The SC shall be a Court of Record and shall have all the powers of such a Court including the power to punish for the contempt of itself.

The Constitution empowered the SC under Article 134 (1) of the constitution to bear the appeals from any judgment, final order or sentence in criminal proceedings of an HC, in three cases:

        i.        If the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or

       ii.        If the High Court has withdrawn for the trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or

     iii.        If the High Court certifies under Article 134 A that the case is a fit one for the appeal to the S C.

Article 134 (2) of the Constitution provides that the Parliament may by law confer on the S C any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations and limitations as may be specified in such law. It is empowered to transfer cases and appeals from one Court to another. The decisions of the Supreme Court are final.

High Courts:-

As per Article 214 of the constitution of India, there shall be a High court for each State. According to Article 231 of the constitution, the Parliament may by law establish a common HC for two or more States or for two or more states and a union territory. According to the Article 215 of the Constitution, every H C shall be a court of record and shall have all the powers of such a Court including the power to punish for the contempt of itself. Every H C shall consist of a Chief Justice and such other Judges as the president may from time to time deem it necessary to appoint.

The H C has been given the power to hear the appeals in criminal cases under the provisions of Part XXIX and XXX of the Criminal procedure code. It has got the superintendence over all the Courts throughout the State. Article 228 of the Indian constitution empowers the H C to withdraw the cases if it is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this constitution the determination of which is necessary for the disposal of the case. The H C may either dispose of the case itself or determine the said question of law and return the case to the Court from which the case has been so withdrawn.

The H C can also entertain revision, reference, review and transfer of the case. It is the function of the Court to issue a certificate for the appeal to the S C if it deems fit to do so. But if the H C has reserved the order of conviction and has ordered the acquittal of an accused no appeal would lie to the S C. It can pass any sentence authorised by the law.

Subordinate Criminal Judicature:-  

The modern Criminal Courts function throughout the country under the provisions of the Cr P C, 1973. The Criminal court lies in three rungs of an ascending ladder. At the lowest rung are the Village Panchayats and Courts of Magistrates; next above them come the Sessions Courts, and then, there are the H C and the S C. The following are the subordinate criminal courts.

Courts of Sessions (Sessions Court):-   

A state is divided into sessions divisions and every such division is a district or consists of the districts. There is a Court of Sessions for every session division. A session judge is appointed by the H C. The H C may also appoint the Additional Sessions Judge and the Assistant Sessions Judge to exercise the jurisdiction in a court of Sessions. These judges try serious offences, such as the dacoities, homicides, serious thefts by the habitual offenders, etc.

The Sessions Judge and the Additional Sessions Judge are empowered to pass any sentence including the life imprisonment and the death sentence, fine without any limit as authorised by the law, but any sentence of death passed by him subject to confirmation by the H C.  An Assistant Sessions judge who is subordinate to the Sessions judge may pass any sentence except that of death sentence, life imprisonment or the imprisonment for a term exceeding 10 years. Thus, an Assistant Sessions judge is empowered to pass the sentence up to a period of 10 years imprisonment and fine without any limit. The Sessions Judge has the appellate jurisdiction also. He hears the appeals from the various Judicial and Metropolitan Magistrates. It is the District court which acts as the Sessions court and thus the same court acts both capacities, civil and the criminal.

Courts of the Magistrates:- 

There are a number of the Magistrates in each district. The Magistrates are of two types or categories, that is, the Judicial Magistrates and the Executive Magistrates.

The Court of the Judicial Magistrate:

The Judicial Magistrates are under the control of the H C. The Judicial Magistrates are of two types: I and II Classes. A district has a Chief Judicial Magistrate, the Additional Chief Judicial Magistrate, the Sub Divisional Judicial Magistrates who are all Magistrates of I class, and the other Judicial Magistrates who are all Magistrates of I or II class. On the request of the Govt, the H C may appoint the Special Judicial Magistrates who are the Magistrates of II class. In each of the big cities having a population of not less than one million, known as the Metropolitan areas, there may be appointed a Chief Metropolitan Magistrate, and the Additional Chief Metropolitan Magistrate and the other Metropolitan Magistrate.

A Chief Judicial Magistrate may pass any sentence except that of the death sentence or of imprisonment for life or of the imprisonment for a term exceeding seven years. A First class Magistrate may pass a sentence of imprisonment for a term not exceeding three years or of fine not exceeding five thousand rupees, or of death. A Magistrate of Second class may pass a sentence of imprisonment for a term not exceeding one year or of fine not exceeding one thousand rupees or of both.

The Chief Metropolitan Magistrate or the Additional Chief Metropolitan Magistrate are equal to that of the Chief Judicial Magistrate, that is, an imprisonment up to 7 years and fine.

The Executive Magistrate:   

In every district and metropolitan area the State govt may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. Functions of the ‘police’ or administrative nature belong to the Executive Magistrates. Along with the District Magistrates, the Additional District Magistrates and the Sub Divisional Magistrates may be appointed.

Nyay Panchayats and Criminal Jurisdiction:-

As regards criminal jurisdiction of Nyay Panchayat it is not empowered to inflict a substantive sentence of imprisonment. It may impose a fine generally not exceeding Rs. 100 upon the offenders. In default of payment of fine, imprisonment cannot be awarded.

CIVIL MATTERS   

Supreme Courts:-

According to Article 133 of the Indian constitution:

  1.  An appeal shall lie to the SC from any judgment, decree or final order in a civil proceeding of a HC in the territory of India, if the HC certifies under Article 134 A-

                     i.        That the case involves a substantial question of law of general importance; and

                   ii.        That in the opinion of the HC the said question needs to be decided by the SC.

  2.  Notwithstanding anything in Article 132, any party appealing to the SC under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this constitution has been wrongly decided.

  3.  Notwithstanding anything in this Article, no appeal shall, unless Parliament by law otherwise provides, lie to the SC from the judgment, decree or final order of one judge of a HC.

High Court:-

The HC has been given the power to hear appeals in the civil cases under the provisions of Part VII and VIII of the CPC. According to Article 134 A of the constitution of India, every HC passing or making a judgment, decree or final order, or sentence referred to in clause (i) of Article 132 or clause (i) of Article 133 or clause (i) of Article 134 issue a certificate for appeal to the SC if it deems fit to do so. But is the HC has reserves the order, no appeal should lie to the SC.

Subordinate Civil Judicature:-

Each state is divided into several districts. In each district there is a District court, which is the principle civil court of original jurisdiction. Under the District court, there functions a number of lower courts whose nomenclature and jurisdiction vary from state to state.

The Court of District Judge:-

In district level, the District judge’s court is the highest court of civil justice. The court of the Subordinate judge and the court of the Munsiff Magistrate are subject to the control and supervision of the District judge’s Court. The main function of the District Court is to hear appeals from the subordinate courts and to take cognizance of original matters under certain special statute. The role of the District Judge is of great responsibility. He is the head of the district judiciary, the primary responsibility for supervising and controlling judicial work in the district rests upon him.

Subordinate Judge’s Court:- 

Below the District Courts, there are some of the courts of judges having different designations in different states viz. Subordinate judges, Civil judges (Senior Division), Civil judges (Class I). Civil courts Acts of various States fix the limits of the pecuniary jurisdiction from time to time.

District Munsiff’s Court:-

Below the Subordinate judge’s courts, comes the Courts of judges having different designations in different states, viz. civil judges (Class II), Junior Civil Judges, and have jurisdiction to decide cases up to a few thousand rupees. Their pecuniary jurisdiction varies from state to state and time to time. The District Court is subordinate to the HC, and all subordinate civil Courts in the district are subordinate to the District Court and the HC.

Small Causes Court:-

Besides these, there are Courts of Small causes established by the state govt under the provisions of the Provincial Small Causes Courts Acts, 1887. These courts can take cognizance of civil suits up to a value of 500 Rs; but the state govt may extend their jurisdiction to 1000 Rs. These Courts follow summary procedure.

Village Panchayat Courts and Civil Jurisdiction:-

Civil jurisdiction of Village Panchayat Courts is limited to suits involving property of small values prescribed. In some states limit of the jurisdiction of a Panchayat is 200 Rs. but a Panchayat can entertain cases up to a claim of 500 Rs.

Revenue Courts:- 

In different states, Revenue courts are established through Land Revenue Acts. The hierarchy of Revenue courts is:

                       i.        Board of Revenue;

     

                     ii.        Commissioners and Additional Commissioners;

                   iii.        Collectors and Additional Collectors;

                  iv.        Assistant Collectors;

                    v.        Tahsildars and Naib Tahsildars and Record Officers.

They deal with revenue matters according to the provisions of Land Revenue Acts of the State.