Sie sind auf Seite 1von 13

Hierarchy of Courts

Administration of Justice

• Most essential function of the State.


• Power exercised by the State through
judiciary to enforce rights and punish
wrongs.
• It involves two parties
- Plaintiff and Defendant – in civil cases
- Complainant and Accused or
- Prosecution and Accused – in criminal
cases
Hierarchy of Courts

• Judicial Process involves


- A right claimed or a wrong complained by
one party against the other.
- Hearing of the parties by the Court.
- Judgment of the Court delivered at the
end of the trial.
- Execution of the operative part of the
judgment.
System of Courts in India

• At National level – Supreme Court of India

• At State level – High Court

• At District and Subordinate level –


Subordinate Courts (Civil and Criminal)
Jurisdiction of the Supreme Court

• Court of Record. Has power to punish for


contempt. (A.129)
• Original Jurisdiction. (A.131)
• Highest Court of Appeal in the country.
(A.132,133,134 & 136)
• Writ jurisdiction.(A.32)
• Advisory Jurisdiction.(A.143)
• Law declared by the Supreme Court binding
on all Courts in India.(A.141)
Jurisdiction of the High Court

• Court of Record. Has power to punish for contempt.


(A.215)
• Original Jurisdiction in civil and criminal matters in
the case of some High Courts.
• Appellate jurisdiction in respect of criminal and civil
cases decided by Subordinate courts.
• Revisional Jurisdiction conferred under the Civil
Procedure Code and Criminal Procedure Code.
• Writ jurisdiction.(A.226)
• Administrative Jurisdiction over subordinate courts.
Civil Courts subordinate to the High Court

• In Cities • In Districts
• First Grade • First Grade
Chief Judge and District Judge and
Additional Chief Judge Additional District
• Second Grade Judge
Assistant Chief Judge • Second Grade
or Senior Civil Judge Assistant District Judge
• Third Grade or Senior Civil Judge
Munsif or • Third Grade
Junior Civil Judge Munsif or
Junior Civil Judge
Criminal Courts Subordinate to the
High Court
• In Cities • In Districts
• Sessions Court (Sessions • Sessions Court (Sessions
Judge, Addl. Sessions Judge, Addl. Sessions
Judges and Asst. Judges and Asst.
Sessions Judges) Sessions Judges)
• Chief Metropolitan • Chief Judicial
Magistrate’s Court Magistrate’s Court
• Metropolitan Magistrates’ • Judicial Magistrates of
Courts First Class.
• Judicial Magistrates of
Second Class.
Sentencing Power of different Trial Courts
• Sessions Judge and • Any sentence authorized by
Additional Sessions Judge law. But death sentence to be
confirmed by the High Court

• Assistant Sessions Judge • Imprisonment upto 10 years


and fine authorized by law

• Imprisonment upto 7 years


• Chief Judicial Magistrate and fine authorized by law
Chief Metropolitan
Magistrate
• Imprisonment upto 3 years
and fine not exceeding Rs.
• Judicial Magistrate of I class 10000.
Metropolitan Magistrate
• Imprisonment upto 1 year
• Judicial Magistrate of II and fine not exceeding Rs.
class 5000
Separation of powers
• In pursuance of the scheme of separation of
executive from the judiciary (u/A 50 of the
Constitution) – Two categories of Magistrates
created.

• Judicial Magistrates – Appointed and controlled by


the High Court and discharge judicial functions.

• Executive Magistrates – Appointed and controlled by


the State Government and discharge executive
functions, i.e., maintenance of law and order.
Executive Magistracy

• For Districts • For Subdivision


- District - Sub-Divisional
Magistrates Magistrate
- Additional District - Additional Sub-
Divisional
Magistrates
Magistrate
-Executive
- Executive
Magistrates
Magistrates
PROSECUTORS
Appointing
S No Designation of Prosecutor Court Qualifications Authority Other matters

state
goverbnment or
central
Advocate in practice for government as the appointment to be made after consultation with
1 Public Prosecutor High Court 7 yrs or more case may be the High Court

Additional Public
2 Prosecutor do do do do

the advocate to be appointed by the state


Public Prosecutor for government as public prosecutor must be one of
3 District(local area) sessions court do do the advocate's on the panel

Additional Public
4 Prosecutor(s) for district(s) do do do do

advocate in practice for appointment is to be made for the purpose of any


5 Special Public Prosecutor(s) any court 10 yrs or more do case or class of cases

for the purpose of any particular case, if Assiatant


PP is notavailable,the District Magistrate may
appoint any other person to be the APP for the
case.Such other person may be a police officerif (i)
he has not taken part in the investigation of vthe
Assistant Public courts of any person other than a offence, and (ii) he is not below the rank of an
6 Prosecutor(s) magistrates police officer do Inspector
Thanks