HIERARCHY OF CRIMINAL COURT

 

HIERARCHY OF CRIMINAL COURT

The Indian Judiciary has a unified structure, the lowest and foremost court is the lower court, after which appeals can be made in the higher courts (High Court and Supreme Court).

 

1. SUPREME COURT

• It is the apex court.

• It consists of 1 chief justice and 30 other judges.

• The supreme court judges are appointed by the President of India.

• For appointing the chief justice, the President consults other judges

• Appointment of other judges the president consults the chief justice of the Supreme court

• Article 124 of the Constitution talks about the establishment and constitution of the Supreme Court. 

• Once appointed, the judges retire at the age of 65.

       Eligibility to serve as a Supreme Court Judge:

• The individual must be an Indian citizen and have at least five years of experience serving as a   high court judge.

• Has at least 10 years of experience as a high court advocate.

• The President must believe the candidate to be qualified.

      Supreme Court of India has three important jurisdictions/power

A. Original jurisdiction:

• Several matters that cannot be considered by any other court can be handled directly by the highest court.
• It has original jurisdiction over any conflicts involving the Indian government and one or more states, the Indian government and any state or states, two or more states, etc.
• Therefore, the supreme court has the power to decide disputes between the union and states as well as two or more states.

B. Appellate jurisdiction:

• The Supreme Court of India is the highest court of appeal among all courts within the limits of its jurisdiction.
• It hears appeals in civil, criminal, and constitutional disputes from subordinate courts.

 

C. Advisory jurisdiction:

• The Supreme Court has the authority to advise the President regarding matters of public policy and legislation.
• In general, it gives the president legal advice.

Other Powers And Function Of the Supreme Court Of India:

• Resolving political issues.
• The power to protect and enforce the constitution.
• The right to judicial review.
• Court of records. The Supreme Court's decisions are all documented, and other courts use them as references.
• Power to review one's own judgment. The chief justice of India becomes the active president of India when the office of the president becomes empty and if the vice president is also not accessible.

2. HIGH COURT

• A State's judiciary is presided over by the High Court.

• Each High Court is composed of a Chief Justice and any additional Judges appointed by the President from time to time.

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

• The process for choosing judges is the same with the exception that the Chief Justice of the relevant High Court is also contacted.

• Supreme Court judges retire at the age of 62.

 

      Eligibility to serve as a High Court Judge:

• He must be a citizen of India.

• He must have at least 10 years of experience as a high court advocate.

• He/she must have held a judicial post in India for at least ten years.

A) Original jurisdiction: The High Court has the authority to issue writs in order to enforce fundamental rights.

B) Appellate jurisdiction: It has authority over both civil and criminal proceedings. In civil proceedings, the decision of a district court is the last word.

C) Appointment authority: The High Court's Chief Justice has the authority to appoint officers and servants of the court.

        Other powers

• Control over it’s officers and employees

• Court of records

•  Power of judicial review.

•  Power to issue notice to the lower courts for the transfer of cases to the higher court.

3. SUBORDINATE COURTS

• Courts that are subordinate to the High Court are called subordinate courts.

• Every district has a district court, with appellate jurisdiction.

• Additionally, each district also has some lower, subordinate courts that are managed administratively by the High Court.

• These are- Civil Courts, Criminal Courts and Revenue Courts.

4. CIVIL COURT

• Article 233 of the Constitution lays down the appointment of district judges that shall be done by the Governor of that State in consultation with the High Court.

• The Court of District Judge is the highest civil court in a district, it exercises judicial, and administrative powers, and has both appellate and original jurisdiction.

• Below the district judge are sub-judge, additional sub-judge, and munsif courts

• which are located in sub-divisional and district headquarters.

• Civil cases are filed in the munsif’s court and can be appealed to the sub-judge or additional sub-judge, further appeal lies with the district judge.

5. CRIMINAL COURT

Section 6 of the Criminal Procedure Code, 1973 states that there shall be four classes of criminal courts:

1. Court of Session

• Under Section 7 of CrPC, every State shall have session divisions, the number of which is determined by the State Government with the assistance of the High Courts.

• Section 9 of CrPc, further states each Session will also have a Court of Sessions, which will be presided over by a judge appointed by the High Court. The High Court may also appoint additional session judges and assistant session judges.

       2. Judicial Magistrates of the first class and, in any metropolitan                                                             area, Metropolitan  Magistrates

        Metropolitan Magistrates:-

•  The areas with a population of more than a million are metropolitan areas.

• The State Government in consultation with the High Court can establish as many Metropolitan Courts in the area as it deems fit.

• A Chief Metropolitan Magistrate (CMM) for a particular area are appointed by High Court

• An additional CMM can also be appointed.

• The CMM and Additional CMM are subordinate to the Sessions Judge.

• CMM can pass any sentence authorized by law, except the death penalty or life imprisonment or imprisonment for a term exceeding 7 years.

        Judicial Magistrate:

• In every district the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

• The Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate

•  First Class Judicial Magistrate: -the High Court may appoint one or more Judicial Magistrate of the first class, and he may sentence of imprisonment for a term not exceeding three years (3 years) or fine not exceeding ten thousand rupees (10,000) or both.

        3. Judicial Magistrate of second class

•  Second class Magistrate may pass a sentence of imprisonment for a term not exceeding one year   (1 year), or of fine not exceeding five thousand rupees (5000 rupees), or of both.

 

          4. Court of Executive Magistrate

• According to section 20 in every district and in every metropolitan area, an        Executive Magistrate shall be appointed by the State Government and one of them becomes District Magistrate, another Additional District Magistrate (ADM) can be appointed. The Executive Magistrates shall look into administrative and executive cases.

6. REVENUE COURT

• On the top of the hierarchy of revenue, matters are the board of revenue, under which comes the  Commissioner Collector, and at the bottom of the hierarchy lies the Tehsildar(Assistant Tehsildar could also be present).

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