judicial system in india. hierarchy of indian judiciary

Judicial System

In India

Hierarchy of Indian Judiciary

Supreme CourtCame into existence on January 28, 1950.

It is in New Delhi.

The highest judicial forum in India. Final court of appeal.

It comprises the Chief Justice and 30 other judges.

The law declared by the Supreme Court becomes binding on all courts within India.

Chief Justice of India - Justice H. L. Dattu

Qualifications Indian citizen.

Experience of 5 years as a High Court Judge/10 years as advocate of High Court.

Distinguished Jurist

Appointment/Removal

Appointed by the President

Retirement age = 65 years / Resignation / Impeachment

Justice H.L.Dattu

Powers : OriginalResolving the disputes between States,

Union & States.

Enforcement of Fundamental Rights – Article 32

It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo-warranto and certiorari to enforce them.

PILs.

Powers : Appellate

Challenging the lower court verdict.

Civil cases.

Criminal cases.

Transfer of cases from the lower courts.

Powers : AdvisoryAdvising the President of India.

Opinion given by the Supreme Court is not to be considered as a judgment.

Powers : Other

Court of Records .

Advisor to States & Centre.

Issue writs.

High CourtHigh Court in every State.

Chief Justice & other judges.

The number of Judges is not fixed.

 3 High courts during British Rule. There are 24 now.

Mobile courts or Bench of the High court.

Chief Justice of Karnataka - Subhro Kamal Mukherjee

Justice S. K. Mukherjee

QualificationsIndian citizen.

Experience of 10 years as a Court Judge/10 years as advocate of High Court.

Distinguished Jurist

Appointment/Removal

Appointed by the President.

Retirement age = 62 years / Resignation / Impeachment

Powers

Jurisdiction over state.

Civil & Criminal cases.

Appellate jurisdiction in civil and criminal cases.

Issuing Directions, Order or Writs.

Supervise the working of Subordinate courts/transfer of cases.

Civil CourtsEvery district has a civil court. District

judge is its chief justice.

President appoints the chief justice. 

Chief justice should have an exp of 7 years.

Other judges are selected through exam.

Property & finance related cases, Marital cases etc.

Subordinate Courts

The subordinate courts, at the level of districts and lower, have almost similar structure all over the country.

Each State is divided into judicial districts. The subordinate judiciary in each district is headed by a District and Sessions Judge. 

There are subordinate courts which assist the

1)Civil Court2)Criminal Court

Criminal Courts

Came into existence on April 1st 1974.

They function under the High court. The highest criminal court at the district level is sessions court.

Has the power of issuing death sentence/life imprisonment.

Verdicts can be appealed in higher courts.

Cases like murder, robbery, dacoity etc.

Courts under the Criminal Court1) Chief Magisterial Court

Can award maximum punishment of 7 years imprisonment.

2) First Grade Magisterial CourtCan award maximum punishment of 3 years imprisonment & 5000 Rs fine.

3) Second Grade Magisterial CourtCan award maximum punishment of 2 years imprisonment & 1000 Rs fine.

3) Third Grade Magisterial CourtCan award maximum punishment of 1 month imprisonment & 50 Rs fine.

Revenue CourtsThere are revenue courts in every district.

They take up cases related to land tax, land records etc.

Revenue Court comprises of following courts:

1) Tahasildar Court2) District Subdivisional Officer’s Court3) District Land Tax Court or District Magistrate

Court4) Commissioner’s Court5) Land tax Board

Lok AdalatsA system of alternative dispute

resolution developed in India.

These are usually presided over by retired judges, social activists, or other members of the legal profession.

The Lok Adalats can deal with all Civil Cases, Matrimonial Disputes, Land Disputes, Partition/Property Disputes, Labour Disputes etc.

Fast/cheap/focus on compromise.

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