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Indian Judicial System and Hierarchy of Courts in India - Law Insider India
Indian Judicial System and Hierarchy of Courts in India - Law Insider India
lawinsider.in
23-29 minutes
The legal System in India follows the common law model prevalent
in the countries which were at one time under British Rule. The
jurisprudence followed in India is almost the same as the one
prevalent in England, though it has been cross- fertilized by Indian
traditions and values.
The judiciary is invested with the power to ensure that all organs of
the Constitution act within their Constitutional limits. It is also the
sole interpreter of the Constitution and the sole arbiter in all
constitutional disputes.
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With the hierarchy from top level to bottom level, the jurisdiction
and capability of punishment changes at every level and in every
court.
SUPREME COURT
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ORIGINAL JURISDICTION
WRIT JURISDICTION
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High courts are also empowered to issue writs for the same
purpose. Also, the writ jurisdiction of supreme court is lower than
the writ jurisdiction of high court. High court have the power to
issue writ not only for fundamental rights but for other purposes
too.
Supreme court can issue writ only for the violation of fundamental
rights of a citizen.
APPELLATE JURISDICTION
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death.
1. has taken before any case from any subordinate court and
convicted the accused person and sentenced to death.
2. certifies that the case is a fit one for the appeal of supreme court.
ADVISORY JURISDCITION
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A COURT OF RECORD
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OTHER POWERS
HIGH COURT
provides for a high court of each state, but the 7th amendment act
of 1956 authorized the parliament to establish a common high
court for 2 or more states and a union territory. Territorial
jurisdiction of a high court is co-terminus with the territory of a
state.
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2. Security of tenure
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ORIGINAL JURISDICTION
WRIT JURISDICTION
High court can issue writ to any person, authority and government
not only within its territorial jurisdiction but also outside of its
territorial jurisdiction if the cause of action arises within its territorial
jurisdiction.
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with the writ jurisdiction of supreme court. Also, the writ jurisdiction
of high court is wider than that of supreme court
APPELLATE JURISDICTION
SUPERVISORY JURISDICTION
A high court has the power of superintendence over the courts and
tribunals functioning in its territorial jurisdiction (except military
courts or tribunals). Thus, it may –
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2. Make and issue, general rules and prescribe forms for regulating
the practice and proceedings of them.
4. Settle the fees payable to the sheriff, clerks, officers and legal
practitioners of them.
However, this power does not vest with unlimited authority and has
to be used only in appropriate cases.
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territorial jurisdiction.
A COURT OF RECORD
Though the phase judicial review has no where been used in the
constitution, the provisions of Article 13 to 226 explicitly confer the
power of judicial review on high court. The constitutional validity
can be challenged on 3 grounds as follows:
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The district court in each district is that of the District and Sessions
Judge – Principal court of original civil jurisdiction besides the high
court of State. The district court or additional district court
exercises jurisdiction both on original side and appellate side in
civil and criminal matters arising in district.
TRIBUNALS
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The 42nd amendment act of 1976 added a new part XIV-A to the
Constitution. This part is entitled as
ADMINISTRATIVE TRIBUNALS
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Under Article 323 – B, the parliament and the state legislatures are
authorized to provide for the establishment of tribunals for
adjudication of disputes relating to following matters:
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ORGANISATION OF CBI
Administration Division
Directorate of Prosecution
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FUNCTIONS OF CBI
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act.
JUVENILE COURT
3. Mobility
4. Cultural conflicts
5. Family background
6. Family structure
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11. Others: such as bad company, revenge factor, poor literacy rate,
over exposure to media, lack of values, cheap literature, mental
conflicts.
SPECIAL COURT
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The special courts case clearly uses the phase “established under
statute” meaning establishment of new court.
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