HIERARCHY OF COURTS IN INDIA

Hierarchy of Criminal Courts

Lower CRIMINAL Courts of India have been classified as follows: (apart

from supreme and high court)

Metropolitan Courts

o Sessions Court
o Chief Metropolitan Magistrate
o First Class Metropolitan Magistrate

District Courts
o Sessions Court  
o First Class Judicial Magistrate 
o Second Class Judicial Magistrate 
o Executive Magistrate

Hierarchy of Civil Courts

Lower CIVIL Courts of India have been classified as follows:

Metropolitan Courts

o City civil court

o Court of smaller causes

District Courts

o District court
o Sub court
o Principal junior civil judge court
o Munsif court

NOTE-

District Munsiff Court (alternate spelling District Munsif Court) is the court

of the lowest order handling matters pertaining to civil matters in the
district. Usually, it is controlled by the District Courts of the respective
district. The District Munsif Court is authorised to try matters pertaining to
certain pecuniary limits. The State Government notifies the pecuniary
limits for the District Munsiff Courts. It is under the charge of a munsiff
magistrate/judicial collector.
SUPREME COURT
There can be discords arising in between the different units of the
federation, that is when the Supreme Court comes into play. It’s the
highest authority and the final interpreter of the law which means that it
has the power to give final decisions on all the matters of the law. 

Chapter IV under Part V of the constitution deals with the The Union
Judiciary. The constitution and jurisdiction of Supreme Court is stated in
detail from articles 124-147.

ESTABLISHMENT AND CONSTITUTION OF SUPREME COURT (Article

124 )
o The first part of this Article provides for the setting up of the Supreme
Court which will be composed of one Chief Justice of India and only
seven judges until the Parliament by law prescribes any more judges.

However, currently, there are 34 judges in the Supreme Court, and

the current Chief Justice of India is Mr. Justice Sharad Arvind Bodbe. 

o The second part of this Article states that the Chief Justice of India will
be appointed by the President after consulting other judges whom he
thinks suitable and will hold the office until he attains the age of 65
years. Whereas the president will have to take into account the Chief
Justice’s opinion when he appoints the other judges.

JURISDICTION OF THE SUPREME COURT 

1) A Court of Record- (Article 129)

The jurisdiction of the Supreme Court under Article 129 is independent of

the Courts Act. Contempt of court takes place when any person disobeys
the orders of the court or through his demeanour disrespects the court.

Court of Record is that the proceedings of the court will be recorded so

that they can act as a testimony in the future. Furthermore articlw 129
makes the Supreme Court the court of record and gives it the power to
punish for its contempt.
2) Original Jurisdiction- (Article 131)

The Supreme Court has original jurisdiction when it comes to matters

related to the following-

o Between the Government of India and one or more than one

states; or
o Between government of India and one or more states at the
different sides; or
o Between two or more than two states.

It is further provided that its jurisdiction shall not cover the matter arising
out of any agreement, engagement or any sort of treaty, which was
present before the pre-constitutional time and is still in force. It also
extends to the matters which provide that this jurisdiction shall not apply
to the respected dispute.

3) Appellate Jurisdiction– (Article 132,133,134) 

Article 132 provides that the appeals for the High Court of any state can
be brought up in the Supreme Court for civil as well as criminal matters.

 An appeal in Civil matters Article 133

Article 133 talks about the appeal in the case of civil matters.

It provides that an appeal shall lie to the Supreme Court from any
judgement , decree of final order in a civil proceeding of a High Court in
the territory of India, if the High Court certifies under Art. 134- A

o that the case involves a substantial question of law general importance

o that in the opinion of the High Court the said question needs to be
decided by Supreme Court.

 An appeal in Criminal Cases-Article 134 

Article 134 says about the appeal to the Supreme Court when the matter
is of criminal nature.

The appeal would lie before the Supreme Court when the High Court-

o On appeal, has reversed the acquittal of the person and he has

been sentenced to death; or
o Withdraws any case from a subordinate court and has announced
the conviction of the person or death sentence; or
o Has considered the case to be fit to be presented before the
Supreme Court on the basis of Article 134A.