Hierarchy of Courts

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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
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.
Organization of the courts at District
level
Civil Courts subordinate to the High Court
administering civil justice.
Civil justice is remedial and is concerned
with enforcement of rights.
Proceedings in Civil Courts are regulated by
Civil Procedure Code.
Criminal Justice is punitive and is concerned
with punishing the offenders.
Proceedings in Criminal Courts are regulated
by Criminal Procedure Code.
Civil Courts subordinate to the High
Court
In Cities
First Grade
Chief Judge and
Additional Chief Judge
Second Grade
Assistant Chief Judge
or Senior Civil Judge
Third Grade
Munsif or
Junior Civil Judge
In Districts
First Grade
District Judge and
Additional District
Judge
Second Grade
Assistant District Judge
or Senior Civil Judge
Third Grade
Munsif or
Junior Civil Judge
District Judge - Head of civil justice
administration in the district.
Chief Judge - Head of civil justice
administration in the city.
Additional Chief Judges and Additional
District Judges Assist the Chief Judge and
District Judge in administering civil justice
Judges of First grade and Second grade
possess both original and appellate
jurisdiction.
Judges of First grade may be conferred with
revisional powers also.
Small Causes Courts are constituted under the
Provincial Small Causes Courts Act.
It tries only such suits which are triable only by such
courts.
Matters of small nature, not involving questions of
title are tried by Small Causes Courts.
Procedure followed by these courts are simpler and
shorter than that of an ordinary civil courts.
Criminal Courts Subordinate to the
High Court
In Cities
Sessions Court (Sessions
J udge, Addl. Sessions
J udges and Asst.
Sessions J udges)
Chief Metropolitan
Magistrates Court
Metropolitan Magistrates
Courts
In Districts
Sessions Court (Sessions
J udge, Addl. Sessions
J udges and Asst.
Sessions J udges)
Chief J udicial
Magistrates Court
J udicial Magistrates of
First Class.
J udicial Magistrates of
SecondClass.
State divided into Sessions divisions. (usually districts)
Each Sessions division has a Court of Session.
Presiding Officer of Court of Session is Sessions Judge.
He is assisted by Additional and Assistant Sessions Judge.
Chief Metropolitan Magistrate In charge of city.
Chief Judicial Magistrate In charge of district.
Sub Divisional Judicial Magistrate In charge of
sub - division.
All the Judicial Magistrates of I class and II class including
Chief Metropolitan Magistrate, Chief Judicial Magistrate and
Sub Divisional Judicial Magistrate are subordinate to Sessions
Judge.
Sentencing Power of different Trial
Courts
Sessions Judge and
Additional Sessions Judge
Assistant Sessions Judge
Chief Judicial Magistrate
Chief Metropolitan
Magistrate
Judicial Magistrate of I class
Metropolitan Magistrate
Judicial Magistrate of II class
Any sentence authorized by
law. But death sentence to
be confirmed by the High
Court
Imprisonment upto 10 years
and fine authorized by law
Imprisonment upto 7 years
and fine authorized by law
Imprisonment upto 3 years
and fine not exceeding Rs.
10000.
Imprisonment upto 1 year
and fine not exceeding Rs.
5000
Separation of powers
Three organs of government
- Legislative Making laws
- Executive Enforcing laws
- Judiciary Interpreting laws and resolving
disputes
Same person should not form part of more than one
of the three organs of government.
One organ of the government not to interfere with
any other organ of the government.
One organ of the government not to exercise the
function assigned to any other organ of the
government.
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
- District
Magistrates
- Additional District
Magistrates
-Executive
Magistrates
For Subdivision
- Sub-Divisional
Magistrate
- Additional Sub-
Divisional
Magistrate
- Executive
Magistrates
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