L 22 Hierarchy of Court in India

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Hierarchy of court in India

• Article 124 of The Indian Constitution states the establishment of the Supreme Court and it should be considered as the apex court of the country
where it followed by 25 High Courts. From Article 124 to 147 of the Indian Constitution provides the powers and its jurisdiction of Supreme Court of
India. Article 214 of Constitution provides for the establishment of the high court in every state. The Constitution has set up a hierarchy of courts for
the administration of justice. The Indian Judiciary has the power to interpret, make compulsory enforcing of the law and provides procedures
regarding the punishment and reformation of the offenders from the offence they committed.
• Article 214 of Constitution provides for the
establishment of the high court in every state.
The Constitution has set up a hierarchy of
courts for the administration of justice. The
Indian Judiciary has the power to interpret,
make compulsory enforcing of the law and
provides procedures regarding the
punishment and reformation of the offenders
from the offence they committed.
• Article 236 of the Indian Constitution explains
about the District Judge and Judicial Service
and it has much consideration before the
court for the various circumstance with a
different perspective.
Hierarchy of Criminal Courts
• Supreme Court: Supreme Court is the apex court of the country as well as the highest constitutional court. Under Article 32 of Indian Constitution, it
has the writ jurisdiction, any violation in the fundamental rights provided in the Constitution can approach the supreme court by filing writ before the
Supreme Court. Article 131, it states the original jurisdiction and Article 141 states the advisory jurisdiction. The Apex Court is the highest appeal
court, under Article 134 of the Constitution an appeal lies to the Supreme Court from the judgement or sentence of High Court in a criminal case and
it has the power to pass any order or sentence by law.
• High Court: In every State of the Country, there is a High Court which stands as the
head of the judiciary in the State. Under Article 226 of the Indian Constitution, it has
the writ jurisdiction beside from the administrative jurisdiction. The Criminal Procedure
Court,1973 provides appellate as well as revisional jurisdiction to the High Courts. By
Article215 of The Indian Constitution, the High Court has the original jurisdiction in both
the civil and criminal cases.
• According to Section28 of Criminal Procedure Code, the High
Court can pass any sentence that is authorised by law and a
Sessions judge or additional Sessions judge can pass any
sentence which authorised by law, but any death sentence is
passed then the confirmation by the High Court is required.
• Court of Session: Article 236(a) of Indian Constitution explains that district judges include judge of civil court, additional district judge,
joint district judge, assistant district judge, joint district judge, assistant district judge, sessions judge, additional sessions judge and
assistant sessions judge.By Section 9 of Code of Criminal Procedure the State required to establish a Court of Sessions for every Sessions
Division. The High Court has the power to appoint the Sessions Court Judge and the Sessions Judge can pass any sentence authorized by
law. However, a death sentence can be passed on the confirmation of the High Court.
• Chief Judicial Magistrate and Additional Chief Judicial Magistrate: By
Section 12 of Code of Criminal Procedure Code, the High Court
appoints every district a Judicial Magistrate of first-class as Chief
Judicial Magistrate. The High Court can also appoint Additional Chief
Judicial Magistrate. They have the power to pass a sentence of
imprisonment up to seven years and fine of any amount authorized by
law
• Judicial Magistrate of First Class: The Judicial
Magistrate of First Class, is appointed and
controlled by High CourtThe Judge Can pass a
sentence of imprisonment for a term not
exceeding three years and of fine not
exceeding Rs.10,000/
• Judicial Magistrate of Second Class: The State
Government in consultation with High Court
can establish Second Class Judicial Magistrates
Court. The Judge of the Court will be
appointed by the High Court and they have
the power to pass sentence of imprisonment
that not exceeding one year and fine amount
not exceeding Rs.5000/
• Executive Magistrate: The Executive
Magistrate is appointed and controlled by the
State Government. Under Section 22 of Cr.P.C,
the power of executive magistrate extends in
the district or metropolitan area. The
executive magistrate can discharge the
executive functions that is the safeguarding of
law.
• Judicial Magistrate of First Class: The Judicial
Magistrate of First Class, is appointed and
controlled by High Court.The Judge Can pass a
sentence of imprisonment for a term not
exceeding three years and of fine not
exceeding Rs.10,000/
Frequently Asked Questions
Q.1What is Article 124 Of Indian Constitution?
Article 124 of The Indian Constitution states the establishment of the Supreme Court.
Q.2What is Article 214 Of the Indian Constitution?
• Article 214 of Constitution provides for the establishment of the high court in every state.
Q.3Which Articles of Indian Constitution states the powers and jurisdiction of the Supreme Court?
• From Article 124 to 147 of the Indian Constitution provides the powers and its jurisdiction of Supreme Court of India.

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