Hierarchy of Court

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HIERARCHY OF COURT

Supreme Court
. Articles 124 to 147 lays down the provisions for
the composition and jurisdiction of the Supreme
Court. The Supreme Court's decisions are binding
on all the subordinate courts. 
The following are some features of the Supreme
Court
1.The Supreme Court comprises 31 Judges.

2.Mode of Appointment- The President appoints


judges by consulting judicial members.

3.Security of Tenure- Judges can be removed by


the President only based on grounds
mentioned in the Constitution.

4.Fixed Service Conditions- allowances,


salaries, leave, and the Parliament determines
judges' pension.
5.Expenses Charged on Consolidated Fund-
allowances, salaries, and others are charged on
the consolidated fund of India.

6.Conduct of Judges Cannot be Discussed-


Prevents discussions in Parliament or state
legislature.

7.There is a ban on Practice After Retirement.

8.Power to Punish for its Contempt- to sustain


authority, dignity and honour.

9.Staff appointment A Supreme court judge has


the freedom to appoint its Staff.
10. Jurisdiction- Parliament cannot restrict any
jurisdiction of the supreme CourtCourt.

11. Separate from Executive- Executive


authorities cannot possess judicial powers.
12. Transfer of cases - Any civil or criminal
case may be transferred at the Supreme Court's
direction from one State High Court to another
State High Court or from one Court to another
Court. 

13. Withdrawal of cases- The Supreme Court


may withdraw a case or cases pending before
the High Court or High Courts and resolve all
such issues itself if it is satisfied that cases
involving the same or substantially the same
question of law are pending before it and one
or more High Courts or before two or more
High Courts and that these questions are
important questions of general importance. 

14. Arbitration - International Commercial


Arbitration can also be started before the
Supreme Court under the Arbitration and
Conciliation Act 1996.

15. Appeals can be made to the Supreme


Court in civil matters if the case involves a
substantial question of law and the High Court
thinks that Supreme Court should decide this
matter. 

High Courts
The President appoints the Chief Justice of a High
Court after consulting with the Chief Justice of
India and the State Governor.

a. Appointment of Judges: the Chief Justice of the


relevant High Court is also consulted in
appointment of a judge. They can be removed in
the same way a Supreme Court judge can until
they reach the age of 62. One must be an Indian
citizen, hold judicial office in India for ten years,
or have practised as an advocate in one or more
High Courts consecutively for a comparable
amount of time to be eligible for appointment as a
judge.
b. Powers of High Court: To uphold fundamental
rights and for any other reason, each High Court
has the authority to issue any person within its
jurisdiction with directives, orders, or writs,
including writs of habeas corpus, mandamus,
prohibition, quo warranto, and certiorari.
All Courts within the jurisdiction of each High
Court are subject to its supervision. It has the
authority to request reports from these Courts,
establish general guidelines and form prescriptions
to govern their practises and procedures, and
specify how and in what format book entries and
accounts must be maintained.

c. Jurisdiction: Any High Court with jurisdiction


over the territories where the cause of action, in
whole or in part, arises for the exercise of such
power may also exercise this power, even if that
Court's jurisdiction does not extend to those
territories or where the person's domicile is.

District and Subordinate courts

In addition to the high CourtCourt of State, the


district court with original civil jurisdiction in each
district is that of the District and Sessions Judge.
In civil and criminal proceedings that arise in the
district, the district court or additional district court
has jurisdiction on both the original and appellate
sides.
The district judge oversees the administration of
justice in each district.
The concerned state enactments on the issue of
civil courts often specify the territorial and
financial jurisdiction in civil proceedings.
The criminal Procedure Code is the exclusive
source of jurisdiction in the criminal realm. When
the district court uses its authority over criminal
issues under the Criminal Procedure Code, it also
functions as the Court of Sessions.
All district subordinate courts are subject to
appellate jurisdiction by the district court in both
civil and criminal cases.

Tribunals
Special courts or Tribunals also exist for the sake
of providing effective and speedy justice as well
as for specialized expertise relating to specific
kind of disputes. These Tribunals have been set up
in India to look into various matters of grave
concern. The Tribunals do not have to follow any
uniform procedure as laid down under the Civil
Procedure Code or the Indian Evidence Act but
they have to follow the principles of Natural
Justice.

a Administrative Tribunals

The establishment of administrative tribunals for


adjudicating disputes relating to the recruitment
and conditions of service of individuals to public
services of the centre, state, local bodies, public
corporations, and other public authorities may be
provided for by the Parliament under Article 332
A.

b. Central Administrative Tribunals (CAT)

It was established in 1985, with the principal


bench in Delhi and auxiliary benches in various
states.
The CAT has initial authority regarding hiring and
all other service-related issues involving public
employees that fall under its purview. All are
subject to its control, including civil service
members working for the defence services and
central and Indian services.
It is a multi-member organisation with members
and a chairman. Currently, there are 65 members
in total, including one chairman. CAT is required
to follow the guidelines outlined in the Civil
Procedure Code of 1908.

c. State Administrative Tribunal

the Administrative Tribunals Act of 1985 gives the


federal government the authority to create State
Administrative Tribunals (SATs). In 9 states, SAT
testing will be available by 2016. After consulting
with the governor of the relevant state, the
President appoints the chairman and members of
the SATs.
It has initial jurisdiction over all hiring-related
issues and all employee service-related issues
involving state government workers. The act
specifies how a joint administrative tribunal (JAT)
for two or more states may be established.
Juvenile Court
The Latin word "juvenis," which means "young,"
is where the term "juvenile" first appeared. A
person who has not reached the age of 18 is
referred to as a juvenile or child. Children are our
country's greatest resource, but their involvement
in unlawful activity steadily rises over time.
Juvenile crime, often referred to as juvenile
delinquency, involves a minor in illegal conduct.
Juvenile justice is a judicial system that seeks to
safeguard all children by including "the children in
need of protection" and those in a legal dispute.

Alternative Dispute Resolution


The ADR process has also shown to be one of the
most effective ways to settle international
commercial disputes. In India, legislation
governing conflict resolution has occasionally
been changed to support quick dispute settlement
in line with the times. To reduce the mounting
backlog of cases awaiting trial, the Judiciary has
also promoted out-of-court settlements.
Organisations like the International Centre for
Alternate Dispute Resolution (ICADR) and the
Indian Council of Arbitration (ICA) were founded
to apply the ADR method successfully.

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