Hierarchy of Courts in India and Justice System in India

In this article we are providing you Hierarchy of Courts in India and Justice System in India.

Hierarchy of Courts in India and The Justice System in India

Supreme court of India

High Courts

District and Session courts

Chief Judicial Magistrate/CJSD

Judicial Magistrate First Class /CJJD

Hierarchy of Courts in India and Justice System in India

Supreme court of India

Articles 124 to 147 of the Constitution of India deals with the composition, function, and jurisdiction of the supreme court of India.

Supreme court of India is the highest court of appeal and it has original jurisdiction. all the decision which are taken by the supreme court of India is binding upon all courts throughout India.

In the matter of violation of fundamental rights, the supreme court of India has the right to entertain the writ petition filed under Article 32 which is to right to constitutional remedies.

Supreme Court of India comprises the Chief Justice and 33 other Judges. Justice of the supreme court of India including the chief justice of India is appointed by the president of India.

High Courts

There are at present, 25 High Courts in India. In India, the oldest High court is the Calcutta High Court which is established on 2 July 1862.

President of India appoints Judges of the High court in consultation with the Chief Justice of India and governor of that particular state. The high court has original civil and criminal jurisdiction. Writ jurisdiction is also an original jurisdiction of a high court.

Article 226 of The Constitution of India empowers High Courts to issue certain writs.

In India, only three high courts have jurisdiction over more than one state.

i.e  Bombay (Mumbai) High Court, Guwahati High Court, and Punjab and Haryana High Courts.

The most important work of the high court is to decide appeals from the lower court.

And to issue writs under Article 226 of The Constitution of India.

District and Session courts

District and Session courts are established by the state governments. The District and Session courts have jurisdiction over one or more districts. District court administered by High court.

The District Court has appellate jurisdiction over all lower courts which are situated in the district.

subordinate court to district court such as –

Chief Judicial Magistrate, civil judge senior division, Judicial magistrate first class, civil judge junior division and also family court which is exclusively dealt with matrimonial matters. All the appeals from district court lie to Hight court.

Chief Judicial Magistrate/CJSD

According to Section 12 of criminal procedure code

In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to the Chief Judicial Magistrate.

According to Section 29 of criminal procedure code

The Court of a Chief Judicial Magistrate may pass any sentence authorized by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.

Judicial Magistrate First Class /CJJD

According to Section 11 of criminal procedure code

In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places,

as the State Government may, after consultation with the High Court

According to Section 29 of criminal procedure code

The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or both.

Hierarchy of Courts in India and The Justice System in India

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