Structure, hierarchy courts in india
October 13,2023
This article is written by Adv. Simran Acharya and this article is focus on various kinds of courts in india, and hierarchy of courts in india.
And this article has been published by Adv. Prakash Chand Sharama.
Structure, hierarchy of courts, in india:-
There are various types of Courts in India, each has different powers depending on the tier and jurisdiction conferred on them. They function according to the set hierarchy of the court.
1.Supreme court:-
The Supreme Court in India has a wide range of jurisdiction that includes original, appellate, and advisory. It has exclusive original jurisdiction in disputes between the Centre and State(s) or between States, as well as matters concerning the enforcement of fundamental rights of individuals. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court in respect of any judgment, decree, or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution or any law. The Supreme Court decisions are binding on all Courts/Tribunals in the country and act as precedence for lower courts. All courts in India are bound to follow the decision of the Supreme Court as the rule of law under Article 141 of the Constitution. Additionally, the Supreme Court has the power to pass any order as may be necessary for doing complete justice between the parties under Article 142 of the Constitution. Over the years, the Supreme Court has frequently relied upon Article 142 to meet the ends of justice and introduced the concepts of absolute liability, prospective application of a particular judgment, etc.
2.High courts:-
The jurisdiction of the Supreme Court in India is broad and includes original, appellate, and advisory. It has exclusive original jurisdiction in disputes between the Centre and State(s) or between States, as well as matters concerning the enforcement of fundamental rights of individuals. Moreover, the appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court in respect of any judgment, decree, or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution or any law. The decisions made by the Supreme Court are binding on all Courts/Tribunals in the country and act as precedents for lower courts. Under Article 141 of the Constitution, all courts in India are obliged to follow the decision of the Supreme Court as the rule of law. In addition, under Article 142 of the Constitution, the Supreme Court has the power to pass any order as may be necessary for doing complete justice between the parties. Over the years, the Supreme Court has frequently relied upon Article 142 to meet the ends of justice and introduced the concepts of absolute liability, prospective application of a particular judgment, etc.
3.subordinate/lower court-
In certain states in India, there are lower courts such as Munsif's courts and Small Causes courts that are situated below the district courts. These courts have original jurisdiction and can only try suits up to a certain amount. For instance, Presidency-Small Causes Courts cannot hear a suit in which the amount claimed exceeds Rs. 2,000. However, in some states, civil courts have unlimited pecuniary jurisdiction. Judicial officers in these courts are appointed based on their performance in competitive exams held by various states' Public Service Commissions.
4.Sessions court:-
The Sessions Court, also known as the Court of Sessions Judge, is a court of law that exists in several Commonwealth countries. It is the highest criminal court in a district and serves as the court of first instance for trying serious offenses that carry a punishment of imprisonment of more than seven years, life imprisonment, or death.
5.District court:-
The District Courts in India are local courts of the State Government that handle cases raised in one or more districts within the respective states. These courts are authorized to administer justice, law, and order at the district level and consider appeals on several decisions and provisions given by the Lower Courts. They handle serious criminal cases or offenses and are entrusted with the Original and Appellate Jurisdictions of the courts for Criminal and Civil Cases. The district courts are presided over by district judges, and they are accountable to the High Courts of the respective States. The judges of the district courts are appointed by the Governor of the respective states after consultation with the Chief Justice of the State of High Court. These courts are accountable to the Constitution of India. On the other hand, the High Court is the highest court in the state and handles appeals from the lower courts, tribunals, and district courts. The High Court has jurisdiction over the whole state and is presided over by the Chief Justice of the respective High Court. The High Court is authorized to issue writs, conduct judicial reviews, and interpret the constitution. In summary, while the District Courts in India handle cases at the district level, the High Court has jurisdiction over the whole state and is the highest court in the state.
6.Metropolitan court:-
The Metropolitan Courts, also known as Metropolitan Magistrates Courts, are at the second-lowest level of the criminal court structure in India. According to Section 16 of the Criminal Procedure Code, 1973 (CrPc), every metropolitan area is required to have established as many courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, specify. Metropolitan Courts are to be established at such places in every metropolitan area having a population of ten lakh or more, and they have jurisdiction throughout such metropolitan area. The presiding officers of such courts are appointed by the High Court and are subordinate to the Chief Metropolitan Magistrate. A Metropolitan Magistrate is a first-class magistrate under the general control of the District & Sessions Judge. According to Section 29 of the CrPc, a Metropolitan Magistrate may pass a sentence of imprisonment for a term not exceeding three years, or of a fine not exceeding ten thousand rupees. Subordinate/Lower Courts are presented at the district level and work under the High Court. Article 233-237 deals with the subordinate court part (6).
7.Criminal court:-
Criminal Courts are established in India to ensure justice for people and punish the offenders who go against the law. The hierarchy is established according to the rule book of the Code of Criminal Procedure, 1973. The Supreme Court is the highest criminal court in India, and it has the power to hear appeals from the High Courts and other lower courts. The Criminal Courts in India are divided into several levels, including the Court of Session Judge and the Criminal Court. These courts are responsible for dealing with criminal offenses such as murder, loot, dacoity, theft, etc. The Court of Session Judge is the highest criminal court in a district and serves as the court of first instance for trying serious offenses that carry a punishment of imprisonment of more than seven years, life imprisonment, or death. The Criminal Courts handle cases that are raised in one or more districts within the respective states. The Criminal Courts in India are authorized to administer justice, law, and order at the district level. The district courts are presided over by district judges, and they are accountable to the High Courts of the respective States. The judges of the district courts are appointed by the Governor of the respective states after consultation with the Chief Justice of the State of High Court. These courts are accountable to the Constitution of India.
8.Civil court:-
A Civil Court is a court of law that deals with disagreements between individual people or private companies, rather than criminal activities. It handles cases related to money, debts, property, housing, etc. These cases involve disputes between individuals and organizations, including issues related to contracts, property rights, and family matters, among others. Civil Courts play a crucial role in resolving disputes and providing justice to the parties involved. The court system is hierarchical, with lower courts handling smaller cases and higher courts handling more complex cases. In India, the civil court system includes the District Courts, the High Courts, and the Supreme Court. The District Courts are the primary civil courts in India, and they have original jurisdiction in civil cases within their specific districts. The High Courts have appellate jurisdiction over the decisions of the District Courts, and they also have original jurisdiction in certain cases. The Supreme Court is the highest court in India and has appellate jurisdiction over the decisions of the High Courts. Civil courts are essential in providing a peaceful resolution to disputes and ensuring that justice is served. They play a crucial role in upholding the rule of law and protecting the rights of individuals and organizations.
9.Revenue court:-
Revenue courts are responsible for dealing with cases related to land revenue in the state. These courts play a crucial role in resolving disputes related to land ownership, revenue collection, and other related matters. In most states, the highest revenue court in the district is the Board of Revenue. The Board of Revenue is responsible for hearing the final appeals against all the lower revenue courts under it. The courts of Commissioners, Collectors, Tehsildars, and Assistant Tehsildars are also under the jurisdiction of the Board of Revenue. These lower courts are responsible for hearing cases related to land revenue and passing judgments accordingly. The Board of Revenue, on the other hand, is responsible for hearing appeals against the judgments passed by these lower courts. The revenue courts are an integral part of the Indian judiciary and play a significant role in resolving land-related disputes in a fair and impartial manner.
10.Labour court:-
A labor court is a specialized judiciary body that is responsible for hearing and passing judgments on labor or employment-related matters and disputes. These courts are typically established by the government and are designed to provide a fair and impartial resolution to disputes between employees and employers. In many countries, labor disputes are often taken to separate national labor high courts. These courts are responsible for dealing with complex labor issues, including disputes related to collective bargaining, trade union activities, and labor laws. Labor courts play a crucial role in protecting the rights of workers and ensuring that they are treated fairly by employers. They also help in maintaining a harmonious relationship between employers and employees, thereby promoting a healthy work environment. The judgments passed by labor courts are binding and can have a significant impact on the lives of workers and their families.
11.Juvenile court:-
A juvenile court, also known as a young offender's court or children's court, is a legal tribunal that has special authority to pass judgments for crimes committed by children who have not yet reached the age of majority. These courts are designed to deal with juvenile offenders in a way that is different from how adult offenders are treated. Juvenile courts aim to rehabilitate young offenders and provide them with the necessary guidance to help them become productive members of society. These courts also focus on protecting the rights of children and ensuring that they are not subjected to harsh treatment. The procedures followed in juvenile courts are different from those in adult courts, and the judgments passed are also different. The primary objective of these courts is to provide a fair and just legal system for young offenders, with a focus on rehabilitation and reformation rather than punishment.
12.Lok adalat:-
Lok Adalat is a statutory organization under the Legal Services Authorities Act, 1987, and was established as an alternative dispute resolution mechanism in India. It provides a forum for resolving disputes outside the traditional court system. The Lok Adalats are responsible for settling disputes that are pending at the pre-litigation stage in a court of law or at the panchayat level. These forums are primarily used for resolving civil disputes, including those related to land, family matters, and financial disputes. Lok Adalats are composed of retired judges, social activists, and other legal professionals who work together to resolve disputes in a speedy and efficient manner. The primary objective of the Lok Adalat is to provide an affordable and accessible legal system for all, regardless of their social or economic status.
13.Municipal court:-
The District Munsiff Court is a critical component of the Indian legal system, particularly for civil matters. It is the court of the lowest order and is responsible for handling civil matters within the district. This court is usually controlled by the District Courts of the respective district and is an essential part of the judicial system. The District Munsiff Court is responsible for hearing and deciding on various civil cases, including property disputes, family matters, and other civil disputes. It plays a pivotal role in providing access to justice for people living in rural and remote areas, where the higher courts may not be easily accessible.
14.Arbitration and consolidation matter:-
As per Section 44 of the Indian Arbitration and Conciliation Act, if two parties have entered into an agreement that provides for arbitration, then the court must refer the matter to arbitration instead of hearing it in court. This provision holds true unless the said agreement is null and void, inoperative, or incapable of being performed. This ensures that parties who have agreed to resolve their disputes through arbitration are given priority over approaching the court. This provision also promotes alternate dispute resolution methods like arbitration, which can help in reducing the burden on the court system. Additionally, this provision aims to provide a faster and more efficient resolution of disputes between the parties.
15.Gram panchayat court:-
Gram Nyayalayas are a crucial aspect of the Indian justice system, especially for rural areas that have limited access to legal representation and courts. The Gram Nyayalayas Act of 2008 established these village courts, providing a faster and more accessible justice system for people living in rural parts of India. This act was a significant step towards empowering people in rural areas and ensuring that justice is available to all, regardless of their location or socioeconomic status.
16.Special court:-
A Special Court is a court that has limited jurisdiction and deals with a specific area of law rather than a specific geographical location. These courts are established to handle cases related to a particular law or set of laws. For example, a Special Court may be established to deal with cases related to economic offenses, terrorism, corruption, or drug trafficking. Special Courts are set up to expedite the trial of cases related to specific laws and ensure that justice is delivered in a timely manner. These courts are generally presided over by a judge who has expertise in the area of law that the court deals with. The judges of these courts are appointed by the government and are accountable to the Constitution of India. Special Courts are essential in ensuring that justice is served in cases related to specific areas of law. They play a crucial role in upholding the rule of law and protecting the rights of individuals and organizations. These courts are designed to handle complex cases and expedite the trial process to ensure that justice is delivered in a timely manner.
17.Executive Magistracy:-
In India, the administration of law and order is divided into districts and subdivisions, and various magistrates are appointed to oversee it. The hierarchy of magistrates in districts and subdivisions is as follows: For Districts: - District Magistrate, who is also known as the District Collector or Deputy Commissioner, is the head of the district administration. The DM is responsible for maintaining law and order in the district, supervising revenue administration, and ensuring the smooth functioning of other departments. - Additional District Magistrate, who is appointed to assist the DM in the administration of the district. The ADM also acts as the DM in their absence. - Executive Magistrates, who are responsible for maintaining law and order, preventing and investigating crimes, and enforcing prohibitory orders. For Subdivisions: - Sub-Divisional Magistrate, who is also known as the Sub-Divisional Officer, is responsible for the administration of a subdivision. The SDM is responsible for maintaining law and order, supervising revenue administration, and ensuring the smooth functioning of other departments in the subdivision. - Additional Sub-Divisional Magistrate, who is appointed to assist the SDM in the administration of the subdivision. The ADM also acts as the SDM in their absence. - Executive Magistrates, who are responsible for maintaining law and order, preventing and investigating crimes, and enforcing prohibitory orders. The magistrates at each level are responsible for maintaining law and order, preventing and investigating crimes, and enforcing prohibitory orders. They also play a vital role in ensuring the smooth functioning of different departments in the district or subdivision.
2.Conclusion:-
The court system in India is hierarchical, with the Supreme Court being the highest court of the land. The Supreme Court has the power of judicial review and is the final court of appeal for all cases in India. Below the Supreme Court are the High Courts, which are the highest courts in the state. The High Courts have appellate jurisdiction over the decisions of the lower courts within their respective states. The subordinate courts in India are the District Courts, the Session Courts, and the Metropolitan Courts. These courts are responsible for hearing cases related to civil and criminal matters that arise within their respective jurisdictions. The District Courts are primary civil courts in India and have original jurisdiction in civil cases within their specific districts. The Session Courts and Metropolitan Courts are criminal courts that have jurisdiction over serious criminal cases. Apart from these, there are several other types of courts in India that cater to specific areas of law and jurisdiction. For instance, there are Juvenile Courts that deal with cases related to children, Lok Adalats that provide an alternative mechanism for dispute resolution, and Labor Courts that deal with matters related to labor laws. In summary, the court system in India is hierarchical, with the Supreme Court at the top, followed by the High Courts, and then the subordinate courts. There are different types of courts in India that cater to specific areas of law and jurisdiction.
3.Researcher and Writers:-
Intellectual Property Owner:-Techalam Legal Solution LLP*,
Author & Writer:- Simran Acharya*(B.Com, LLB, LLM, Adv.), Adv. Naya Jain **(LLB, ADV)
Researcher & Scientific Work:- Prakash Chand Sharma***
Technology & Intelligence Director:- Devendra Choudhary******
Founders, Designated Partners & Associate of Zumosun Group
Mobile:- +91 9116098980/9119112929 email:- thelegalbank@gmail.com
4.Reference:-
Commonwealth of Nations - Wikipedia
Code of Criminal Procedure (India) - Wikipedia https://en.wikipedia.org/w/index.php?title=District_%26_Sessions_Judge&action=edit&redlink=1
