India's Court System: A Hierarchical Overview
In India, the hierarchy of courts refers to the system of courts organized in a hierarchical order, where each court has a specific jurisdiction and hears cases accordingly. The judicial system in India is divided into civil and criminal courts, with different levels of courts for each category.
The hierarchy of courts in India can be broadly categorized into two types: lower courts and higher courts:
- The lower courts, also known as subordinate courts, include the district courts, presided over by a district judge or a judicial magistrate. These courts have jurisdiction over civil cases where the claim amount is less than Rs. 20 lakhs and criminal cases where the maximum punishment is seven years of imprisonment.
- The higher courts include the High Courts in each state and the Supreme Court of India, the country's highest court. The High Courts have jurisdiction over civil cases where the claim amount exceeds Rs. 20 lakhs and criminal cases with a punishment of more than seven years. The Supreme Court of India can hear appeals from the High Courts and subordinate courts, making final and binding decisions.
Hierarchy of Criminal Court:
- In India, the criminal court hierarchy is divided into two categories: lower courts and higher courts. The lower courts, also known as subordinate courts, include two types of courts - the Chief Judicial Magistrate Court and the Judicial Magistrate Court.
- The Chief Judicial Magistrate Court is presided over by a Chief Judicial Magistrate, while the Judicial Magistrate Court is presided over by a Judicial Magistrate. These courts have jurisdiction over criminal cases that carry a punishment of imprisonment for up to seven years and a fine of up to Rs. 5,000.
- The higher courts in the criminal court hierarchy include the Sessions and High Courts. The Sessions Courts are presided over by a Sessions Judge and have jurisdiction over criminal cases that carry a punishment of imprisonment for more than seven years. The High Courts, on the other hand, have jurisdiction over all criminal cases, including those decided by the subordinate courts.
- In addition to these courts, the Supreme Court of India, the country's highest court, also hears criminal cases. However, the Supreme Court hears only appeals from the High Courts and subordinate courts and does not have original jurisdiction in criminal matters.
- Overall, the criminal court hierarchy in India is structured to ensure that cases are heard and decided at the appropriate court level, with each court having a specific role in the administration of criminal justice.
Hierarchy of Civil Court:
- In India, the civil court hierarchy is divided into two categories: lower courts and higher courts. The lower courts, also known as subordinate courts, include two types of courts - the district courts and the courts of civil judges (Junior Division).
- The district courts are presided over by a District Judge and have jurisdiction over civil cases where the claim amount is less than Rs. 20 lakhs. The courts of civil judges (Junior Division) are presided over by a Civil Judge (Junior Division) and have jurisdiction over civil cases where the claim amount is less than Rs. 2 lakhs.
- The higher courts in the civil court hierarchy include the High Courts and the Supreme Court of India. The High Courts have jurisdiction over civil cases where the claim amount exceeds Rs. 20 lakhs and have original jurisdiction in some instances. The Supreme Court, on the other hand, has the power to hear appeals from the HC and subordinate courts, and its decisions are final and binding.
- In addition to these courts, various tribunals and specialized courts hear specific civil cases, such as the Consumer Disputes Redressal Forum and the Intellectual Property Appellate Board.
- Overall, the civil court hierarchy in India is structured to ensure that cases are heard and decided at the appropriate court level, with each court having a specific role to play in the administration of civil justice.
Constitutional provisions related to the Hierarchy of Courts:
The Constitution of India provides for the following provisions related to the hierarchy of courts in India:
- Article 124 provides for establishing the Supreme Court of India as the land's highest court.
- Article 141 provides that the law declared by the SC shall be binding on all courts within the territory of India.
- Article 214 provides for establishing High Courts in each state as the state's highest court.
- Article 225 provides that every High Court shall be a court of record and shall have all the powers of such a court.
- Article 233 provides for appointing district judges by the state's governor in consultation with the High Court.
- Article 235 provides that the High Court shall control all subordinate courts within its jurisdiction.
- Article 239AA establishes a High Court for the National Capital Territory of Delhi.
- Article 241 establishes a common High Court for two or more states or two or more states and a Union territory.
Overall, the Constitution of India provides for a well-defined and hierarchical structure of courts, ensuring justice is delivered efficiently and effectively.
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