Hierarchy of Courts

Administration of Justice

• Most essential function of the State.

• Power exercised by the State through
judiciary to enforce rights and punish
wrongs.
• It involves two parties
- Plaintiff and Defendant – in civil cases
- Complainant and Accused or
- Prosecution and Accused – in criminal
cases
 Hierarchy of Courts

• Judicial Process involves

- A right claimed or a wrong complained by
one party against the other.
- Hearing of the parties by the Court.
- Judgment of the Court delivered at the
end of the trial.
- Execution of the operative part of the
judgment.
 System of Courts in India

• At National level – Supreme Court of India

• At State level – High Court

• At District and Subordinate level –

Subordinate Courts (Civil and Criminal)
 Jurisdiction of the Supreme Court

• Court of Record. Has power to punish for

contempt. (A.129)
• Original Jurisdiction. (A.131)
• Highest Court of Appeal in the country.
(A.132,133,134 & 136)
• Writ jurisdiction.(A.32)
• Advisory Jurisdiction.(A.143)
• Law declared by the Supreme Court binding
on all Courts in India.(A.141)
 Jurisdiction of the High Court

• Court of Record. Has power to punish for contempt.

(A.215)
• Original Jurisdiction in civil and criminal matters in
the case of some High Courts.
• Appellate jurisdiction in respect of criminal and civil
cases decided by Subordinate courts.
• Revisional Jurisdiction conferred under the Civil
Procedure Code and Criminal Procedure Code.
• Writ jurisdiction.(A.226)
• Administrative Jurisdiction over subordinate courts.
 Civil Courts subordinate to the High Court

• In Cities • In Districts
• First Grade • First Grade
Chief Judge and District Judge and
Additional Chief Judge Additional District
• Second Grade Judge
Assistant Chief Judge • Second Grade
or Senior Civil Judge Assistant District Judge
• Third Grade or Senior Civil Judge
Munsif or • Third Grade
Junior Civil Judge Munsif or
Junior Civil Judge
 Criminal Courts Subordinate to the
High Court
• In Cities • In Districts
• Sessions Court (Sessions • Sessions Court (Sessions
Judge, Addl. Sessions Judge, Addl. Sessions
Judges and Asst. Judges and Asst.
Sessions Judges) Sessions Judges)
• Chief Metropolitan • Chief Judicial
Magistrate’s Court Magistrate’s Court
• Metropolitan Magistrates’ • Judicial Magistrates of
Courts First Class.
• Judicial Magistrates of
Second Class.
 Sentencing Power of different Trial Courts
• Sessions Judge and • Any sentence authorized by
Additional Sessions Judge law. But death sentence to be
confirmed by the High Court

• Assistant Sessions Judge • Imprisonment upto 10 years

and fine authorized by law

• Imprisonment upto 7 years

• Chief Judicial Magistrate and fine authorized by law
Chief Metropolitan
Magistrate
• Imprisonment upto 3 years
and fine not exceeding Rs.
• Judicial Magistrate of I class 10000.
Metropolitan Magistrate
• Imprisonment upto 1 year
• Judicial Magistrate of II and fine not exceeding Rs.
class 5000
 Separation of powers
• In pursuance of the scheme of separation of
executive from the judiciary (u/A 50 of the
Constitution) – Two categories of Magistrates
created.

• Judicial Magistrates – Appointed and controlled by

the High Court and discharge judicial functions.

• Executive Magistrates – Appointed and controlled by

the State Government and discharge executive
functions, i.e., maintenance of law and order.
 Executive Magistracy

• For Districts • For Subdivision

- District - Sub-Divisional
Magistrates Magistrate
- Additional District - Additional Sub-
Divisional
Magistrates
Magistrate
-Executive
- Executive
Magistrates
Magistrates
 PROSECUTORS
Appointing
S No Designation of Prosecutor Court Qualifications Authority Other matters

state
goverbnment or
central
Advocate in practice for government as the appointment to be made after consultation with
1 Public Prosecutor High Court 7 yrs or more case may be the High Court

Additional Public
2 Prosecutor do do do do

the advocate to be appointed by the state

Public Prosecutor for government as public prosecutor must be one of
3 District(local area) sessions court do do the advocate's on the panel

Additional Public
4 Prosecutor(s) for district(s) do do do do

advocate in practice for appointment is to be made for the purpose of any

5 Special Public Prosecutor(s) any court 10 yrs or more do case or class of cases

for the purpose of any particular case, if Assiatant

Assistant Public
6 Prosecutor(s)
PP is notavailable,the District Magistrate may
appoint any other person to be the APP for the
case.Such other person may be a police officerif (i)
he has not taken part in the investigation of vthe
courts of any person other than a offence, and (ii) he is not below the rank of an
magistrates police officer do Inspector
Thanks